It has come to Tennessee Whiskey's attention that a new dog toy is being sold on the market by Bad Spaniels. Tennessee Whiskey is furious and sends Bad Spaniels a "Cease and Desist" letter asking them to remove the toy from the market, which Bad Spaniels promptly ignores. Instead, Bad Spaniels claims that they have a defense and proclaims " We will see you in court!".

Here are images of the Tennessee Whiskey product and the Bad Spaniels product:

1.What are the legal issues that arise in this case? (2 marks)

2. What are the legal tests that the court will apply to decide the case? (1 mark)

3. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests. (2 marks)