Tequila Cuervo, S.A. v. Empresa Cubana del Tabaco, 2015 FCA 15

We previously summarized a decision of the Federal Court (2013 FC 1010) that refused to register a trademark for COHIBA rum where it was found that the average consumer would likely think that the rum was associated with the tobacco of the same name. The Court of Appeal has dismissed the appeal, finding the Federal Court did not make an error in the appreciation of the evidence.