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Court backs Captain Morgan in rum trademark battle

Heaven Hill’s Admiral Nelson’s rums “infringe” Diageo’s Captain Morgan trademark, the judge hearing the long-running case in Canada’s Federal Court has ruled.

In court documents dated 12 June seen by The Spirits Business, Keith M Boswell, the judge in the case, said Heaven Hill “directed public attention to its wares and business so as to cause confusion in Canada” between its Admiral Nelson brand and Captain Morgan.

Diageo first brought action against Heaven Hill in 2014, claiming its rival “clearly intended” to mimic Captain Morgan in an attempt to “trade upon the brand’s goodwill and create consumer confusion”.

The judge ruled in favour of Diageo, with Heaven Hill 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.

“We are pleased that the judge’s decision in the trademark infringement case against Heaven Hill was overwhelmingly in our favour; clearly supporting our view that Admiral Nelson’s product labels infringes on the Captain Morgan trademark,” a Diageo spokesperson said.

“Diageo is a global leader in beverage alcohol with a collection of established brands, and Captain Morgan is an iconic and beloved character.  We are committed to defending our intellectual property throughout North America and around the world.”

Heaven Hill declined to comment when approached by The Spirits Business. 

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