Nova Scotia

Halifax's King of Donair disputes Donair King's name and logo

There's a royal legal battle brewing between Halifax's King of Donair and Vancouver restaurant Donair King.

KOD Inc. alleges Vancouver donair restaurant is infringing on its registered trademark

Above, is the King of Donair sign that used to hang at Halifax's Pizza Corner. Below is the sign that hangs above Vancouver's Donair King. (CBC/Google Maps)

There's a royal legal battle brewing between Halifax's King of Donair and Vancouver restaurant Donair King.

King of Donair alleges the Vancouver restaurant infringes on its name and logo. 

The Nova Scotia restaurant chain, which now has four locations, says it owns the trademark for its name and the crown design associated with it.

In documents filed with the Federal Court of Canada, KOD Inc. says its name has been associated with donairs, donair meat and donair sauce since the 1970s. 

The company alleges Donair King's advertising and promotions could confuse the public into thinking they're buying donairs associated with the Halifax chain.  

For those unfamiliar with the dish, a donair was adapted from the gyro — lamb wrapped in pita with the yogurt-based tzatziki sauce. However, since Nova Scotians weren't used to the taste of lamb, the recipe was altered to include beef, more heavily spiced, with a sweet sauce of the East Coast staple of evaporated milk, vinegar, garlic powder and sugar. It's often served with diced tomatoes and raw onions.

The court documents says using the Donair King name and the crown design to advertise donairs is a violation of the Trade-marks Act and could depreciate the value of the King of Donair trademark. 

The statement of claim asks the court to demand the restaurant to destroy its menus, signs, packaging, promotional material and business cards with the Donair King name.

It also asks for punitive and exemplary damages as well as for legal costs to be covered. 

Donair King responded, denying all the allegations in a statement of defence. 

But to avoid any confusion with the trademark, the company agreed to stop using "Donair King" if the King of Donair drops the legal proceedings.

The statement of claim was filed Sept. 23 and Donair King filed its defence Oct. 26. 

The lawyer representing King of Donair could not immediately be reached for comment about whether the company would proceed with legal action. 

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