Diageo Canada Inc. v. Heaven Hill Distilleries, Inc., 2017 FC 571
Justice Boswell - 2017-06-12
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Diageo Canada Inc., the Plaintiff/Defendant by Counterclaim, has brought this action against Heaven Hill Distilleries, Inc. and Diamond Estates Wines & Spirits Ltd., the Defendants/Plaintiffs by Counterclaim, alleging that they have infringed Diageo’s trademarks associated with its CAPTAIN MORGAN rum products and also that they have passed off their ADMIRAL NELSON’S rum products as those of Diageo. ... For the reasons stated above, Heaven Hill’s Counterclaim as against Diageo is dismissed. Diageo’s claims as against Heaven Hill have been established as stated above. The Court lifts the stay of the claim and Counterclaim as between Diageo and Diamond Estates imposed by its Order dated September 25, 2015. Consequently, Diamond Estates’ Counterclaim as against Diageo is dismissed, and no costs are awarded for or against either Diageo or Diamond Estates in respect of the Amended Statement of Claim and Counterclaim as between Diamond Estates and Diageo. Diamond Estates is bound by the terms of this judgment with respect to the distribution, advertisement, promotion, sale, and delivery-up of the ADMIRAL NELSON’S rum products.
Decision relates to:
- T-740-14 - DIAGEO CANADA INC v. HEAVEN HILL DISTILLERIES INC ET AL