Question
While they were in college, Larry and Libby designed, sewed, and marketed their own line of athletic wear. Embroidered on each of the garments that
While they were in college, Larry and Libby designed, sewed, and marketed their own line of athletic wear. Embroidered on each of the garments that they sold was a unique pattern of a running horse. The running horse also prominently appeared on their webpage. Although the business was very profitable, the students abandoned their on-line clothing business two years later when they were both accepted into medical school. Twenty years (20) later, Libby's daughter received a hoodie for her 18thbirthday that her best friend had purchased from AthletiCo, the largest retailer of athletic wear in Canada. Libby was shocked to discovery that embroidered on the back of her daughter's hoodie was the exact same unique pattern of a running horse that she and Larry used to identify their line of athletic wear decades ago.Libby seeks your advice as to whether she has grounds to sue AthletiCo or not.
- State the issue as a legal question (2 marks)
- Advises who wins (1 mark)
- State the relevant law and how the facts support your decision in proving the rule of law for the case (2 marks)
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