Question
Smart Kids Promotions Corp. owns the Canadian merchandising rights to the registered identifying logos of many children's TV shows (such as Sesame Street) and characters
Smart Kids Promotions Corp. owns the Canadian merchandising rights to the registered identifying logos of many children's TV shows (such as Sesame Street) and characters for use on such things as knapsacks, T shirts, cups and posters. These rights are worth many millions of dollars. Illegal reproduction of merchandise with the logos and unauthorised sales of the merchandise have cost Smart Kids Promotions Corp. millions of dollars in lost sales and the devaluation of legitimate products because of the poor quality of the bootlegged products.
(a) What legislation would protect Smart Kids Promotions Corp. in this case?
(b) What rights does Smart Kids Promotions Corp. have and what can it do to prevent this happening again?
(c) Suppose an unauthorised seller made it clear that they were selling "Genuine Imitation Sesame Street T shirts", could Smart Kids Promotions Corp. resolve any issue about that, and why or why not?
(d) What other penalties do the illegal merchandisers face?
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