Imperial Group v. Philip Morris
Encyclopedia
In Imperial Group v. Philip Morris, 1982 FSR 72
, the plaintiff endeavoured to register the trade mark "MERIT" for cigarette
products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was to obtain a de facto monopoly
over the unregisterable mark "MERIT".
The defendant began using the mark "MERIT" for cigarettes and was sued by the plaintiff for infringing its mark "NERIT".
The court struck down the registration for "NERIT" on the basis that the plaintiff had no genuine intention to use the mark (despite some "trivial and insubstantial" efforts at launching a NERIT-branded product).
Case citation
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, the plaintiff endeavoured to register the trade mark "MERIT" for cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...
products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was to obtain a de facto monopoly
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
over the unregisterable mark "MERIT".
The defendant began using the mark "MERIT" for cigarettes and was sued by the plaintiff for infringing its mark "NERIT".
The court struck down the registration for "NERIT" on the basis that the plaintiff had no genuine intention to use the mark (despite some "trivial and insubstantial" efforts at launching a NERIT-branded product).