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"Brand Mark" Infringement

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  • "Brand Mark" Infringement

    **Note: this refers to Canadian Business Law**

    John runs a freelance company. His business is not registered with the government nor is it incorporated. He owns no copyright, IP, trademarks, etc..

    Bob runs a company. His business appears to be incorporated (Makes use of the Inc. in the name).

    Bob sends John a letter claiming John's logo is too similar to Bob's. Bob demands that John ceases the use of his logo by a certain date or he'll pursue legal action.

    John looked up the logo on the government trademark database, and found no record of such trademark existing. John looked up the company name in the federal database (not provincial) and found the corporation to be dissolved several years ago.

    Does Bob have a case against John? Is John in danger of a lawsuit? Is Bob's brand protected? What can/should John do?

  • #2
    Re: "Brand Mark" Infringement

    I wish to inform you that in case of Logo it depends upon the fact whether the Logo is registered as a Trademark or not. If the Logo is not registered then any other person using Logo without any intention to deceive other person cannot be stopped. Further, if the corporation has ceased to exist then the corporation cannot stop you from using the Logo because that corporation is no longer in existence. You can send a notice to the other party that the other party should show reasons as to why you cannot use this Logo and should show you a proof of Trademark and the party's ownership of that Trademark. In case the other party still files a suit you can argue that as the company is dissolved, therefore, the Defendant has no right to file a suit against you and further Defendant does not have any Trademark in his name.



    • #3
      Re: "Brand Mark" Infringement

      A search in the provincial database shows that Bob indeed has incorporated his company, but still no trademark could be found.

      Is John still in danger? Should John hire the services of a IP lawyer?


      • #4
        Re: "Brand Mark" Infringement

        we dont usually do academic assignments or homework related answers here on this forum


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