Rankings & Recognition
Smart & Biggar honored for consumer survey research-based evidence in Captain Morgan Rum case
July 2, 2018

Smart & Biggar recently received an Award of Excellence at the annual Marketing Research and Intelligence Association (MRIA) Award Dinner.

The award for “Best Multi-Stakeholder Research Initiative” was presented jointly to Smart & Biggar and CorbinPartners Inc. for consumer survey research-based evidence provided to the Federal Court in Diageo Canada Inc v Heaven Hill Distilleries Inc, 2017 FC 571. In that case, Diageo Canada, one of the world’s largest producers of spirits, was successfully represented by the Smart & Biggar team of François Guay, Mark Evans, Ekaterina Tsimberis and Renaud Garon Gendron against Heaven Hill Distilleries.

The award recognizes outstanding collaboration among multiple stakeholders in a manner that enhances the value of research outcomes. Smart & Biggar, led by Ekaterina TsimberisFrançois Guay and Mark Evans used consumer survey research-based evidence to help establish proof of confusion between the defendant’s trade dress and the trade dress associated with Diageo’s well-known CAPTAIN MORGAN brand as well as depreciation of the value of the goodwill of Diageo’s registered trademarks.

The award from the MRIA is an acknowledgment of the potential effectiveness of consumer survey research when used in the courts, and re-enforces the value of survey evidence to the legal profession.

The MRIA 2018 ‘Excellence in Research’ Awards celebrate excellence in marketing research, across 10 distinct categories. All nominations are peer submitted and describe outstanding research conducted between January 1 and December 31, 2017.


Smart & Biggar is Canada's largest firm practising exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montreal, Vancouver and Calgary. We are leaders in intellectual property and technology law and have been serving clients for over a century. For more information, please visit smart-biggar.ca.

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