Sleep Country has been a successful retailer of mattresses and bedding across Canada. It created a popular musical jingle for marketing which has someone singing to a 5 second set of chords set to a guitar playing along a melody written for Sleep Country - the musical jingle is "Why buy a mattress from anywhere else?" The jingle become one of those fun jingles that people easily recall and has become quite popular. Sleep Country has become a success with a wide range of products and has a reputation based on low prices because they buy in huge volumes and can offer low prices as compared to most competitors.

A new company called Mattress Mattress has opened a competing business in Ontario that incorporates a Service Design model that has created a favourable image based on its ability to build relationships with its customers and its prices are higher, but the brand image has become very positive with its initial stores. Mattress Mattress has decided to open 3 corporate stores in Vancouver. It has launched an aggressive billboard campaign on 3 different billboards near the three new stores. The Billboards state:"Why Buy a Mattress Anyone Else?" Because at Mattress Mattress, we care!"

Sleep Country has three locations in the same areas of Vancouver. They have noticed that their sales have decreased at all three stores one month after Mattress Mattress opened its stores and began its aggressive marketing and sales campaign. Sleep Country is concerned and thinks some of its legal rights are being trampled on and wants to sue Mattress Mattress.

1. Identify the two legal issue(s) in this case (2 marks) - one from an area of law prior to the midterm dealing with tort law and the other from an area of law after the midterm dealing with a special area of property law. State the issue as a question for the court from the point of view of the plaintiff.

1. What rule(s) of law will apply in this case (2 marks).
2. Develop arguments for Sleep Country, applying the rule(s) of law to the facts (2 marks).

1. Develop arguments for Mattress Mattress, applying the rule(s) of law to the facts (2 marks).
2. Who will win the lawsuit? Give a reason for your answer (2 marks).