Heaven Hill’s Admiral Nelson’s rums
“infringe” Diageo’s Captain Morgan trademark, this long-running case in
Canada’s Federal Court has ruled. In the June 12th ruling, the
judge said that Heaven Hill has “directed public attention to its wares and
business so as to cause confusion in Canada” the Admiral Nelson brand and
Captain Morgan.
This action was first brought against Heaven Hill in 2014, stating that the
Admiral Nelson image was “clearly intended” to mimic
Captain Morgan in an attempt to “trade upon the brand’s goodwill and create
consumer confusion”. The judge has ruled
in favor of Diageo, with Heaven Hill being banned from selling, distributing or
importing products bearing the Admiral Nelson’s character in Canada. Heaven Hill was also ordered to pay damages
to Diageo.
A
Diageo spokesman said that “we are pleased with the ruling in the trademark
infringement case against Heaven Hill was overwhelmingly in our favor; clearly
supporting our view that Admiral Nelson’s product labels infringes on the
Captain Morgan trademark”. “Diageo is
a global leader owning a collection of well established brands, of which
Captain Morgan is one of their most valued characters”. Diageo is committed to defending our
intellectual property throughout North America and around the world.”
