Philip Morris Products S.A. v. Marlboro Canada Limited, 2016 FCA 55
Justice Trudel; Justice Scott; Justice Boivin - 2016-02-17
Read full decision. Automatically generated summary:
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:
- A-187-15 - PHILIP MORRIS PRODUCTS S.A. ET AL. v. MARLBORO CANADA LTD ET AL. which is an appeal from 2015 FC 364 in T-1784-06