In 1969, Cynthia and Frederick Brick opened a high-end store in Winnipeg. They called the store Brick's Fine Furniture. In 1988, Brick Warehouse Corp., a national chain of lower priced furniture, sent the Bricks a letter demanding that they stop using "Brick" as part of their business name. In 1977, Brick Warehouse had filed a number of trademark application, which included the word "Brick" as a trademark. As they had used the same name for over 20 years, they refused to comply with Brick Warehouse demand. The furniture chain sued and after a protracted legal battle that cost the Bricks $178000 in legal fees, the case settled. The parties agreed to co-exist in Winnipeg. What legal argument were available to the Bricks? How could the Bricks have prevented this dispute?