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.
The company acquired the rights to the Toys “R” Us Canada name and about 150 of the retailer’s trademarks earlier this year, when the toy chain was in creditor protection and selling off its assets to cover off its debts.
When Toys “R” Us Canada sought creditor protection, it had already launched trademark battles with the swingers club and two other brands.
The intellectual property office’s database shows that Next Century appears to be continuing with the two other cases.
In the first, the retailer is trying to stop Russian firm Biomicrogeli from using the phrase Wonderlab, the name Toys “R” Us Canada gave to its indoor jungle gym and craft centres. That segment of business was eventually renamed Playlab.
In the second case, Toys “R” Us Canada is trying to keep tech giant Acer from using a backwards R, saying the retailer has trademarks preventing others from applying the reversed letter to electronic devices and other products.
Erin McEwen, a trademark agent at Nelligan Law in Ottawa who is not involved in any of the cases, wasn’t surprised Next Century is adopting both fights.
Companies usually prefer to stop any use of names and logos similar to their own for fear that they could confuse consumers, dilute their brand and harm their business’s reputation.
Next Century likely also realized that considerable resources have probably already been spent on the cases.
Trademark opposition cases can take three to four years to conclude and Toys “R” Us Canada’s fight with Acer is either at the evidence stage — the halfway point or tail end, depending on whether cross-examination and hearings are required. The Wonderlab fight is awaiting a decision.
“If I were in their shoes, I wouldn’t jump ship just yet,” McEwen said of Next Century. “Toys ‘R’ Us already put in all that time and money, why waste it? They might as well just ride it out and wait for the decision.”
McEwen thinks it’s possible Next Century backed away from the battle with Club Rendezvous because the Calgary business dates back to 1983. The longer they’ve had a name, the harder it is fight a trademark dispute, she said.
This report by The Canadian Press was first published Nov. 13, 2026.
