A classic David versus Goliath conflict is brewing in Alberta, pitting a small-town microbrewery against a Hollywood entertainment giant. Hub Town Brewing Co., located in downtown Okotoks, is locked in a formal trademark dispute with Warner Bros Entertainment Inc. over the name of its popular non-alcoholic soda.
The Root of the Butter Beer Battle
The controversy centres on Hub Town's Butter Beer Soda, a butterscotch-flavoured, carbonated drink. Co-owner Lisa Watts explained the product was created to offer children a fun beverage while their parents enjoyed a pint. The soda, sometimes served in a mug with whipped cream and caramel syrup, became an instant hit.
"For us, the intent was to have a product for kids to enjoy when their parents were enjoying a pint of beer," said Watts. She emphasized that their recipe was inspired by people familiar with the concept, not directly copied from the Harry Potter franchise. "We've never even had Harry Potter-style butter beer. We've never even been to Universal to have it."
The drink's success led Hub Town to can and distribute it. The canned Butter Beer Soda is now sold across Alberta and Saskatchewan, with growing interest from other provinces.
Warner Bros Enters the Canadian Market
When Hub Town began supplying larger venues, it attracted the attention of Warner Bros, the rights holder to the Harry Potter film series. Watts stated that when the brewery first launched the soda, they checked for Canadian trademarks and found none, though Warner Bros held the mark in the U.S., U.K., and Japan.
The situation changed in August 2024 when Warner Bros applied for the trademark in Canada. According to Watts, the application wasn't advertised in the official Trademarks Journal Canada until October 29, 2025. This publication triggered a critical 60-day window for opposition.
Okotoks Brewery Mounts Its Defense
Acting just before the deadline, Hub Town filed a formal notice of opposition with the trademarks opposition board on December 29, 2025. The brewery's legal argument hinges on proving prior commercial use. "Once it's advertised in the Trademarks Journal, people like us or anyone else can oppose that application if we can prove we had our product in the commercial market prior to that application," Watts clarified.
To build their case, Hub Town has enlisted a trademark lawyer and is rallying its customer base. The brewery is asking patrons to share any photos or social media posts that demonstrate the sale of Butter Beer Soda dating back to 2019. Watts contends the term "butter beer" is not a Warner Bros invention, but a historical concept that existed long before the Harry Potter series.
This dispute highlights the challenges small businesses can face when their products intersect with globally protected intellectual property, setting the stage for a significant legal decision for the Alberta craft beverage industry.
