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ARTICLE · 02 JANUARY 2019

Pour A Glass Of Trademarks

In time for the holidays, this is a tale of competing brands sloshing around the marketplace. Please enjoy responsibly.

CanadaIntellectual Property

In time for the holidays, this is a tale of competing brands sloshing around the marketplace. Please enjoy responsibly.

Diageo North America, Inc. is purveyor of some of the world's best-known brands of spirits and beer, some of which are probably in your cupboard somewhere: Crown Royal, Baileys, Smirnoff, Johnny Walker, Captain Morgan, Tanquery and Gordon's Gin, Guinness and Kilkenny, among many others. In two parallel trademark disputes, Diageo recently faced off with Constellation Brands, one of Canada's largest producers and distributors of wines.

In Constellation Brands Canada, Inc. v Diageo North America, Inc., 2018 TMOB 133 (CanLII), Diageo applied for the trademarks:

  • MAKE IT NAKED for use in association with distilled spirits, namely rum and rum-flavoured beverages.

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