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No Name Cigarette Product Infringes the Marlboro Mark in Canada

Philip Morris has been held to infringe the registered Canadian trade-mark MARLBORO, by selling a no name product in Canada in a package incorporating the well known red and white package design elements of its Marlboro brand.

The Philip Morris Marlboro cigarette product is the top selling cigarette in the world. It is sold in a well known red and white package design called the ROOFTOP. Philip Morris sells this product worldwide, except for Canada, where the mark and registration therefor were sold to Imperial Tobacco, which has sold its Marlboro cigarette product in Canada since the 1930’s. More…