Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 JUNE 2017

Captain Morgan Makes Admiral Nelson's Walk The Plank

Smart & Biggar
Explore more from Smart & Biggar

On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571.

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Author LinkedIn connections

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case.

On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571.  The Court found Heaven Hill and its Canadian broker Diamond Estates liable for passing off their ADMIRAL NELSON'S rum products as those of Diageo and for infringing and depreciating the goodwill attaching to Diageo's CAPTAIN MORGAN character and label trademarks.

Diageo was successfully represented by François Guay, Mark  Evans, Ekaterina Tsimberis and Renaud Garon Gendron.

The decision is a reminder of the clear benefits of registering key character and label elements on product packaging as trademarks. The Federal Court's decision also demonstrates that trade dress protection is alive and well in Canada and joins a rather limited amount of jurisprudence where a defendant has been found liable for depreciation of goodwill of a registered trademark.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

CIPO Issues Practice Notice On Redacting Postal Addresses And Removing Unrelated Documents From TDRS

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Patenting Innovation In Data Centres: Protecting Configurations, Cooling Technologies, And The Green Advantage

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...
GlobalIntellectual Property
Gowling WLG
Gowling WLG
Article

Fast-Tracking Your Patent Application In Canada: CIPO Expands The Key Technology Expedited Program

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.
CanadaIntellectual Property
Cassels
Cassels
Article

Health Canada Updates Policies On Foreign Regulatory Actions, Summary Reporting, Compliance & Enforcement And Requests For New Data

Health Canada issued revised guidance on notifying Health Canada of foreign actions, effective October 1, 2026. The revised guidance clarifies the requirements to notify Health Canada of certain foreign regulatory actions specified in subsection C.01.050(2) of the Food and Drug Regulations in the specified foreign jurisdictions, which involve a serious risk of injury to human health and are relevant to the safety of the drug.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar
Article

Pharmaceutical And Life Sciences Sector Task Force Submits Final Report To The Ministers Of Health And Industry

The Pharmaceutical and Life Sciences Sector Task Force has released its final report addressing Canada's challenges in medication access, regulatory processes, and life sciences competitiveness. The report examines structural issues including lengthy reimbursement pathways, underperforming clinical trial environments, and erosion of domestic investment, while proposing 39 recommendation areas to strengthen Canada's health sovereignty and industrial strategy.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar
Article

A KTEP Ahead: Canada's New Mechanism For Advanced Examination Of Patent Applications

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar