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Louisa Is a Lemonade Manufacturer in Ottawa

Question 51

Multiple Choice

Louisa is a lemonade manufacturer in Ottawa. Since 1985, she has marketed her juice under the trademark: FreshSqueeze. Late last year, a less expensive lemonade began appearing in grocery stores bearing a remarkably similar label. When examined closely, the label for the new lemonade actually says Fresh- n- Squeeze, but the 'n' is so small that it is hardly noticeable. The rest of the label, including colours and fonts, appears to be nearly identical. Louisa is upset because her lemonade sales have fallen drastically since it appeared on the shelves. Louisa decides to sue for passing- off. If Louisa is successful, what might she be able to force her competitor to do?


A) reimburse Louisa for lost sales during the period that the two lemonades were on the shelves
B) stop selling the lemonade under that name
C) pull the competitor's lemonade of the shelves indefinitely
D) share profits earned from Fresh- n- Squeeze sales
E) all of the above

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