CASES FOR DISCUSSION Case 1 Carlos was a well-known artist who specialized in sculptures of birds and animals. The town where he lived commis. sioned Carlos to create a life-size sculpture of birds for the lobby at the town hall. The lobby was small, so Carlos thought the best use of the space would be to suspend the sculptures from the ceiling. He proposed a small flock of Canada geese because of their size and the V formation in which they fly. The work of art was completed and installed to great acclaim by the town and the town's inhabitants. It became well known and as Carlos' reputation grew, so did the crowds who came to admire his artwork. For a holiday season, the town council proposed that large red ribbons be tied around the necks of the Canada geese in the lobby. It was discussed in council and approved that every year bows would be added to the sculpture to commemorate the festive season. Unknown to Carlos, bows were tied around the geese and the ribbon ceremony was completed. A few days later, a friend mentioned to Carlos that it was interesting to see how much the bows hid the necks on the geese, making them look deformed. Carlos flew to the town hall to gaze upon his masterpiece looking like a decoration on the top of a gift parcel. \"This doesn't fly with me,\" he muttered. 1. Discuss the issues raised by this situation. (LO 9.1, 9.2, 9.6) 2. What, if any, legal rights or remedies does Carlos have to undo this action by the town council? (LO 9.6) [See Snow v. Eaton Centre Ltd. (1982), 70 C.P.R. (2d) 105.] Case 2 Wazeer and Bre, recent graduates from a graphic design program, have decided to begin a graphic design business called \"You Are Our Type.\" They are short of funds, so purchasing several pieces of expensive equipment as well as a rental location is prohibitive. Bre suggested that they use their own computers, printers, desks, couches, and items they individ- ually have in their own apartments to create an office. As well, they would lease some office furniture and, rather than rent an office, would purchase a house close to downtown and set up their office there. 1. What advice would you give Wazeer and Bre? (LO 9.1, 9.2, 9.3, 9.4, 9.5) 2. What, if any, protection is available for their business name? (LO 9.2, 9.6) 3. Outline the areas of potential difficulties they may encounter if they go their separate ways in the business. (LO9.3,9.5) Case 3 Osimund has been making and selling handmade shoes for customers through his website for a few years. His sense of style, design, and craftsmanship has made him something of a minor celebrity. Several months ago, Osimund started to use a special leather sole on the heel of his handmade shoes. The leather used for the sole is dyed a specific intense red CHAPTER 9: PROPERTY LAW 173 colour developed by Osimund in conjunction with his tanner, Hadrienna, that Osimund named "Righteous Red." It has made his shoes very distinctive Osimund's recent media appearance on "Celebrity Craftsperson Canada" has caused demand for his perfect pumps and stylish stilettos nationwide. He is worried about competitors and wants to put his foot down on any attempts they might make to copy his products. Osimund knows you are taking a business law course at the college and has asked you for advice on steps he should take. 1. What advice would you give Osimund to protect his product from being copied by other shoe manufacture ers? (LO 9.1, 9.2, 9.6) 2. Explain whether Osimund's use of a specially coloured leather on the sole of his shoes can be registered as a trademark. (LO 9.6) 3 . The formula to recreate the colour Righteous Red is not written down or kept on a computer. The only people who know the ingredients and the quantities required to create it are Osimund and Hadrienna. What type of property is this formula and what advice would you give Osimund to ensure the formula is protected? (LO 9.1, 9.2, 9.6) Case 4 Talmon took his $5,000 aluminum frame racing bike to Aiping's bicycle repair shop for a tune-up prior to a major com- petition. Aiping told him to leave it parked outside the door at the back of the shop and she would work on it later that afternoon. An hour later Aiping went to get Talmon's bike, but it was nowhere to be seen. She phoned Talmon to ask if he had changed his mind and he told her he had left it at the back door to the store. Aiping then asked if Talmon might have left it at the wrong shop door, to which Talmon replied: "Don't give me the gears! I left it exactly where you indi- cated, and it had better be there when I come by later!" 1. What type of legal relationship exists between Aiping and Talmon? (LO 9.1, 9.2, 9.5) 2. What, if any, duty does the law place on Aiping relating to Talmon's bike? (LO 9.1, 9.2, 9.5) Case 5 Vartoch had his eye on some land at the edge of town that he thought would be the perfect location for a restaurant with a takeout drive-through. It was close enough to the town that people could easily drive to it, and it was large enough to accommodate a substantial parking lot and the driveway for takeout. Vartoch approached Wanda with his business plan and she loaned him $300,000, which was secured by a mortgage on the property when he purchased it. For over a year Vartoch struggled to get planning permission from the town for his project. The longer his application took, the more difficult he found it to make the mortgage payments as his funds were being spent making his application and arguing with the town council. Unknown to Vartoch, the town's approval was delayed because of planning discussions the town was having with the province about a new highway that would pass very close to the property Vartoch owned; the final decision and when construction could begin were still unknown. As a member of the town council, Wanda was aware of the plans being discussed relating to the highway and that the value of Vartoch's property would go up considerably once the highway was approved. However, Wanda could not tell Vartoch anything about the highway plans because they were confidential. Eventually, Vartoch defaulted on his payments under his mortgage with Wanda. Wanda has asked your advice on what her course of action should be. She confirms that the mortgage is two months in default and Vartoch is unable to make any payments. 1. Advise Wanda on the different remedies available to her as a result of Vartoch's default under the mortgage and the benefits and issues that each party may have. (LO 9.1, 9.2, 9.3) 2. Discuss whether Wanda's position on the town council should be considered an issue in these circum- stances. (LO 1.1, LO 1.4, and 9.6)