Philip Morris Products S.A. v. Marlboro Canada Limited, 2015 FC 364

Justice de Montigny - 2015-03-23

Read full decision. Summary prepared by Alan Macek:

Pursuant to the Federal Court of Appeal's decision in 2012 FCA 201 (reversing in part 2010 FC 1099), the Court was called upon to determine whether ITL was entitled to elect between an accounting of profits and damages, and to determine the basis for pre~judgment interest. The Court held it must weigh the relevant factors in light of the equitable remedy, bearing in mind the there is no right to an accounting of profits but that they should not be denied that option in the absence of any compelling reasons. The Court considered the claimant's conduct, the complexity of an accounting, the infringer's conduct, the claimant's damages, and actual confusion to conclude that ITL should be entitled to elect an accounting of profits. The Court granted ITL pre-judgment interest for damages, if elected, based on the bank rate, excluding the period between the trial and appeal judgments and at a rate to be determined if an accounting of profits is elected by the reference judge.

Decision relates to:


Canadian Intellectual Property