Frank opened a new business downtown, a liquor outlet called the “ West Coast Bar & Grill”. Frank’s venture was very successful and over the span of three years his business attracted a regular and loyal clientele. The location of the business, alongside False Creek in Vancouver, contributed to its popularity. Frank registered the intellectual property rights to the name of his business including the style of writing on his sign and letterhead. One day whilst driving along the waterfront in Richmond, Frank noticed that a new liquor outlet had opened. This new outlet was called the “Best Coast Pub” and used lettering similar to that on Frank’s sign. Frank had noticed that over the last few months his business had been falling off and he wondered where his regular customers were going.

What intellectual property rights did Frank register?

What protection does Frank have over the name of the bar?

If Frank sues in court, what will be the basis of the suit?

What remedies can the court award?

What test will the court use to determine if Frank is entitled to enforce his rights against the Best Coast Pub.

What will be the court’s decision and why?