Labatt Brewing Company (“Labatt”), Canada’s largest brewer, has alleged that Brick Brewing Company Limited (“Brick”), an Ontario-based brewing company, has infringed the trade-marks associated with Labatt’s Brava beer through the use of confusingly similar bottles and packaging used with Brick’s Red Baron beer. Brick has maintained that Labatt’s claim is without merit and that consumers are unlikely to be confused between the two beers due to packaging differences and that consumers have normally asked for Red Baron beer by name. Labatt is seeking injunctive relief and undisclosed damages against Brick.
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