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.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
“An excellent source of trademark news. I find the short daily updates the perfect way to keep informed of the latest developments from around the world. I thoroughly recommend it to everybody working with trademarks”
Ablett & Stebbing Patent & Trademark Attorneys
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email