Philip Morris Products S.A. v. Malboro Canada Limited, 2010 FC 1099

Justice de Montigny - 2010-11-08

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This case concerns the world's top-selling cigarette product, which is sold in Canada by the Plaintiffs in association with certain design and word marks also associated with the product elsewhere in the world. Internationally, this product is called "Marlboro". In Canada, the Plaintiffs do not use the word mark MARLBORO in association with their product because that word mark is registered in the name of a competitor, one of the Defendants. Rather, in Canada, the Plaintiffs call their product "Rooftop", in reference to the design elements used on the package. However, the word mark ROOFTOP does not appear on the individual cigarette packages. This appears to be the first time that a cigarette product has been sold in Canada (and, quite possibly, in the world) without any brand name appearing on the package.[1]

Decision relates to:


Canadian Intellectual Property