We live in a dual reality: a reality made up of rivers, trees, animals and COVID; as well as an imaginary World made up of corporations and brand names. Brands and corporations are legal fiction; a great invention. (The first corporation was created in 1602- the Dutch East India Co.) All corporate names/brands tell a story. We all behave as if Starbucks, Apple, Hugo Boss and Lancombe really exist, when in reality they are someones's imagination, and no more.

The real difficulty lies in not creating a brand reality, but convincing others to believe in the story! And once people start believing a story, the brand becomes an intangible worth more than the corporate tangibles. The top 4 MAGA brands hold brand equity (Microsoft,Apple, Google, and Amzon) are worth nearly a trillion USD. Successful brands are rooted in deep myths and stories, that millions believe in.

COHIBA is one such brand.

Please read and understand the Cohiba story before attempting the assignment, focus on the Trade Mark Act of Canada.

NEXT, youare required to answer the following question.

Please refer to the following Court decision relating to the Jose Cuvervo Case

Assignment questions are;

• What is Judge Snyder's view of Professor Kindra's approach to establishing the fame of Cohiba brand? Is her view consistent with the Trade Mark Act of Canada? What is the importance of her decision?