Marlboro Canada Limited v. Philip Morris Products S.A., 2012 FCA 201

Justice Pelletier; Justice Ltourneau; Justice Gauthier - 2012-06-29

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The parties are each appealing from various portions of the trial judge's decision (reported as 2010 FC 1099) granting in part only the relief sought by Philip Morris Products S.A. and Rothmans, Benson & Hedges Inc. (collectively PM), and dismissing the claim of Marlboro Canada Limited and Imperial Tobacco Canada Limited (collectively ITL) for infringement of their registered Canadian trade-mark MARLBORO[1] (TMDA 55,988), as well as its request to strike out the registration of six of PM's trade-marks relating to its ROOFTOP design marks.

Decision relates to:


Canadian Intellectual Property