law

Electronic Arts is a video-game manufacturer head-quartered in Burnaby, BC. Electronic Arts has been ranked as the seventh most recognized sports brand in the world and is the holder of a number of registered marks around the globe. The main branding which EA registered in 2001 is a white italicized, capitalized "EA" against a solid black background. This "EA" logo is used on alnof Electronic Arts' video games and marketing materials. Energy Armor is a manufacturer of "Negative lon" health and wellness bracelets and began operations outside of Canada in 2009. According to Energy Armor, their bracelets can assist the average individual maintain excellent balance, strength and flexibility. This year, Energy Armor moved into the Canadian marketplace and began aggressively advertising its products. In its marketing materials, Energy Armor uses a logo which is a white, capitalized "EA" with a white lightening bolt as the bottom of the letter "A". Energy Armor's "EA" is set against a black backdrop. After becoming aware of the Energy Armor logo, EA contacted their lawyers' who sent a letter to Energy Armor demanding that the company cease and desist from using the logo because it was confusing to their logo. After receiving that letter from EA's lawyers, Energy Armor refuses to stop and is adamant that it should be able to continue use of its logo. Fully explain and apply the relevant legal test to determine if EA would be successful in a claim for infringement. (8 marks)