Eleanor Alexander, the owner of Ellie's Country Cupboard, has been using the name ELLIE'S COUNTRY CUPBOARD without interruption since 1996 in connection with her antiques and crafts store located near the Olympia, Lusaka Zambia. Eleanor does not presently anticipate opening any additional stores, but does supplement her in-store sales with online sales through the store's webpage, www.elliescountrycupboard.com. The ELLIE'S COUNTRY CUPBOARD mark was registered with the Zambian. Trademark Office in 1999, and has been up to date with the renewal and has since achieved incontestable status. In November 2021, Ella's Country Cupboard, an antiques and crafts store located in Meanwood, Lusaka, opened its doors. Shortly thereafter, the www.ellascountrycupboard.com site went active. Ella's Country Cupboard is owned by Ella-Mae Jones. Ms. Alexander did not give Ms. Jones permission to use the "Country Cupboard" mark. Ella's Country Cupboard is located approximately 80 miles from Ellie's Country Cupboard. There are no other antique and craft stores in Lusaka that include the terms "Country Cupboard" in their names. Ms. Alexander became aware of Ella's Country Cupboard when she saw an advertisement in the Daily Mail. Ms. Alexander occasionally advertises Ellie's Country Cupboard in the same manner.

In February, Ms. Alexander visited Ella's Country Cupboard and discovered that it carries the same types of goods carried by Ellie's Country Cupboard (e.g., candles; flags; stationary; wall hangings; dolls; birdhouses; ornaments). Additionally, the sign over the front door of Ella's Country Cupboard uses the same script and size as shown in the sign over the front door of Ellie's Country Cupboard. However, the colours are different - Ellie's Country Cupboard uses blue text, while Ella's Country Cupboard uses red text. Last year, Ellie's Country Cupboard earned 90,000 ZMW in profits (approximately 7,500 ZMW per month). Since the opening of Ella's Country Cupboard in November, profits to Ellie's Country Cupboard have been cut in half (i.e., 3,750 ZMW per month). Ms. Alexander believes that this drop in sales has occurred as a result of customers' mistaken belief that Ella's Country Cupboard sponsors or is affiliated with Ellie's Country Cupboard. Ms. Alexander informed you that she has received several telephone calls asking where her new store is located, and two customers have mistakenly attempted to return items purchased at Ella's Country Cupboard at Ellie's Country Cupboard. Ms. Alexander has asked your firm to analyse whether there is anything which could be done about the situation. Please advise her using traceable citations, case law and legislation.