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ARTICLE · 30 JUNE 2017

Captain Morgan Defeats Admiral Nelson In A Rum Branding Battle

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The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion...

CanadaIntellectual Property
Dominique Hussey
Dominique Hussey
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The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing product that has experienced quality issues can tip the scale in favour of a depreciation of goodwill claim.

Case

Diageo Canada Inc. v. Heaven Hill Distilleries, Inc., 2017 FC 571

IP Type

Trademark

Summary

Diageo Canada Inc. sells the CAPTAIN MORGAN brand of rum in Canada. The labels for each variety of CAPTAIN MORGAN rum have a nautical theme and prominently feature a fanciful depiction of the 17th century privateer, Sir Henry Morgan. Diageo owns several Canadian trademark registrations covering various depictions of Sir Henry Morgan for use with rum products.

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