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What are two ways that the user of a trademark may no longer claim exclusive rights to the use of the name? {2 marks) Describe
What are two ways that the user of a trademark may no longer claim exclusive rights to the use of the name? {2 marks) Describe briefly the purpose of trademark legislation. Why has it been necessary? What level of government oversees trademarks in Canada? Which section of the Trademarks Act deals with invalid registration? {5 marks) Name a recent (within the past 30 years) trademark dispute. Give a brief description of the case and lay out the claims of each party. If either the plaintiff or defendant were successful, state why. If neither were successful {i.e. case was dismissed), state why. Do you agree with the findings of the court?| {6 marks) X produced a cola beverage that he sold for many years under the trade name Krazy Kola. If Y decided to produce and sell a cola beverage in the same area under the name Crazy Cola, would Y's actions constitute a violation of X's trade name? Explain. {3 marks) Karen wrote a novel that she self-published. She offered her novel for sale using an advertisement in a literary magazine. The advertised price of the novel was $9.95, providing her with an after-cost profit of $2.00 per copy. The novel sold well and had received favourable reviews by book critics. A year later, she noticed that the sales of the novel were falling rapidly, and she decided to investigate. To her surprise, she found a small website that was offering her novel for sale in a downloadable form for $5.00 a copy. The website proudly announced that it had sold over 10,000 copies of the novel to date. Advise Karen. What would be the nature of her claim and how would the court likely decide the case? (5 marks) What steps must an inventor follow in order to acquire patent protection for an invention? Briefly explain each step. (4 marks)
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