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Backside Health Corporation, the manufacturer and retailer of a very successful and well-known brand of home exercise device called Gluteus Maximus , is distressed by
Backside Health Corporation, the manufacturer and retailer of a very successful and well-known brand of home exercise device called "Gluteus Maximus ", is distressed by the emergence of a new competitor marketing a very similar product named "GlutiMax". The GlutiMax machine is sold at a lower price due to the substandard materials used in its construction. Backside Health wants to sue the competitor for infringement and any other torts that might be available. 1. Who would be the plaintiff and who would be the defendant in this case? (2 marks) 2. Based on the facts above, what are the potential causes of action available to the plaintiff? Use correct Legal terminology only. (3 marks) 3. What remedies in tort may be available? Briefly outline each remedy and discuss the merits and weaknesses of each. Use appropriate legal terminology. (10 Marks) 4. What intellectual property category is being potentially infringed by the competitor and what remedies might be available to the plaintiff? Use appropriate legal terminology
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