Marlboro in Canada
Philip Morris sold the Canadian rights to the "Marlboro" name to Imperial Tobacco Canada in 1932. After the brand's successful American relaunch in the 1950s – which later became well known to Canadians though exposure to the brand's international sponsorships and advertising – Philip Morris tried several legal manoeuvres in attempting to reacquire the Canadian rights, to no avail. Imperial Tobacco continues to sell a line of cigarettes under the Marlboro name in Canada, albeit with very different packaging from that of the Philip Morris product. Philip Morris retains the rights to the "rooftop" trade dress and other elements of Marlboro's branding which were developed after the 1932 sale, and has historically used that trade dress in Canada in combination with the names "Matador" or occasionally "Maverick".
In 2006, Philip Morris International's Canadian affiliate Rothmans, Benson & Hedges relaunched the product without any brand name, which led to a legal challenge from Imperial, contending that the new packaging created customer confusion by merely suggesting the Marlboro brand, thereby infringing on Imperial's Canadian trademark rights. Canada's Federal Court of Appeal ruled in favour of Imperial in June 2012. The opinion noted that Canadian regulations which (in most cases) prohibits the public display of tobacco products at retail locations – i.e., customers must ask for a brand by name – exacerbated the situation, as there were now two products that customers might be referring to when asking for "Marlboro". Though PMI is expected to appeal, shortly after the ruling it began using the brand name "Rooftop" on packaging for the previously unbranded cigarettes.
Read more about this topic: Marlboro (cigarette)
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