Successfully represented the plaintiffs by counterclaim Imperial Tobacco Canada Limited and Marlboro Canada Limited in a trademark infringement action of the MARLBORO word mark. The Federal Court of Appeal, overturning the decision of the trial judge, held that Philip Morris and Rothmans, Benson & Hedges, by selling a cigarette package without a brand name but incorporating the well-known design elements of Philip Morris’ international MARLBORO package, had infringed the Imperial Tobacco’s exclusive rights in the MARLBORO word mark in Canada. The Supreme Court of Canada dismissed Philip Morris’ application for leave to appeal of this decision. My colleagues and I recently received the 2012 Canadian Trademark Milestone Case of the Year award from Managing Intellectual Property (U.K.) for our success in this case.
