A Rum Do

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Source: Marks & Clerk via mondaq.com, 11 July 2017

“Captain Morgan has not found imitation to be the sincerest form of flattery and in a swashbuckling face-off, has forced Admiral Nelson to retreat from Canadian liquor store shelves.”

“While the Court found there was little scope for confusion between the wording ADMIRAL NELSON’S and CAPTAIN MORGAN when spoken, a likelihood of visual confusion between the fanciful depictions of an historical naval figure wearing a nautical uniform with buttons and a cape as represented by each of the ADMIRAL NELSON’S and CAPTAIN MORGAN characters was considered to exist.  The Court concluded there would be a likelihood of confusion from the perspective of the somewhat hurried consumer who would not pause to examine the points of similarity or difference between the marks. This “illusion of sameness” would lead to confusion as to source.”

Source article here

 

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