Philip Morris Products S.A. v. Marlboro Canada Limited, 2016 FCA 55

Justice Trudel; Justice Scott; Justice Boivin - 2016-02-17

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This is an appeal by Philip Morris Products S.A. and Rothmans, Benson & Hedges Inc. (the appellants) from a discretionary Order of a judge of the Federal Court (2015 FC 364) (the Judge) pursuant to paragraph 27(1)(c) of the Federal Courts Act, R.S.C., 1985, c. F-7. The Judge ruled that Marlboro Canada Limited and Imperial Tobacco Canada Limited (the respondents) were entitled to elect an accounting of profits or all damages sustained as a result of the infringement of their rights in the registered trade-mark MARLBORO. The Judge also ordered that pre and post judgment interest would be determined by the reference judge, should the respondents opt for accounting of profits.

Decision relates to:


Canadian Intellectual Property