Precedent-setting decision provides guidance on entitlement to claim profits in infringement cases
Another milestone has been reached in a case between tobacco industry giants Imperial Tobacco Canada Limited and Philip Morris, together with its Canadian subsidiary Rothmans, Bensons & Hedges (collectively 'Philip Morris'). On March 23 2015 the Federal Court confirmed that Imperial Tobacco is entitled to elect an accounting of Philip Morris’ profits resulting from the infringement of its rights in the MARLBORO trademark in Canada. This important decision for the parties will also likely become a significant precedent for Canadian litigants as this was the first opportunity in decades for the Federal Court to conduct an in-depth assessment of the issue of entitlement to profits in the trademark context.
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