The global drink producer Diageo won a lawsuit regarding its trademark Capitan Morgan in Canada.
The case at hand concerns a trademark Admiral Nelson used by Diageo’s competitor Heaven Hill for rum, which depicts a pirate image similar to that used by Diageo for its well-known trademark Capitan Morgan.
Diageo possessed a family of earlier trademarks for Capitan Morgan which are famous among the consumers.
The Canadian court ruled that the later mark is similar to that owned by Diageo. What’s more, the court considers that Heaven Hill’s trademark tries to mimic the well-known Capitan Morgan brand.
Based on the foregoing, the court ordered an injunction stopping the sale and distribution of Admiral Nelson’s rum in Canada and a destruction of all bottles bearing this brand.