The victims could have mourned their friend somewhere besides
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Many businesses invest heavily in the interior and exterior design of their premises, the colours and shape of packaging and labels and even the sounds and smells that may be associated with a business to distinguish it from competitors. These factors, collectively known as trade dress or get up, are one of the many benefits that a franchisee acquires when entering into a franchise agreement. A franchisor who has recognised the commercial value inherent in trade dress, and is aware of what aspects of trade dress are protected, whether that protection is best achieved through the common law tort of passing off or under the Trade marks Act, and what remedies may be available has arguably brought an additional level of service and value to the table when negotiating with prospective franchisees.This paper examines the common law tort of passing off as well as the statutory action available under the Trade marks Act, considers the role of confusion in an action for passing off and identifies leading cases in Canada as well as certain key cases in the United States that may provide guidance.
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by: Annuity Advice on Friday 25/11/16