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.”