Toys 'R' Us Canada quits fight with Calgary swingers club over 'Club R' trademark

Detailed summary

The new owner of Toys “R” Us Canada appears to have abandoned the retailer’s fight to keep a Calgary swingers club from using the phrase “Club R.”

TORONTO — The new owner of Toys “R” Us Canada appears to have abandoned the retailer’s fight to keep a Calgary swingers club from using the phrase “Club R.”

In filings made with the country’s intellectual property office this year, the toy chain’s previous owner argued letting Club Rendezvous Inc. use “Club R” would cause confusion. In some markets, Toys “R” Us has called its loyalty program R Club.

Toys “R” Us Canada had until Sept. 30 to file a statement of opposition in the case, but the intellectual property office’s database shows Next Century — which picked up the some of retailer’s assets after it entered creditor protection — failed to meet the deadline and didn’t ask for an extension.

With no one actively fighting the use of “Club R,” the case was closed a month later by the trademark opposition board, which handles intellectual property disputes.

The closure gave Club Rendezvous the go-ahead it needed to use “Club R.”

The owners of the swingers organization, who The Canadian Press agreed not to name because their families are unaware of their involvement in the business, are pleased with the outcome.

They said the whole dispute seemed “unusual,” given the club operates in an entirely different industry from children’s toys, and that they were happy with the outcome.

Neither Next Century, whose parent company Ad Populum also owns Party City and manages the Chia Pet brand, nor its lawyer responded to requests for comment on the case.

Next Century plans to open the first of about 300 Toys “R” Us Canada shops within Staples Canada stores on Saturday in Richmond Hill, Ont.

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