Discussion 5 Business Law
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Centennial College *
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Law
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Jan 9, 2024
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Uploaded by PrivateEchidna7373
What legal arguments were available to the Bricks?
Laches
that means if the defendant is unreason delayed by the plaintiff, it will affect the defendant's
legal right in the case. The lawyer of Bricks can use the defence of laches to argue with Brick Warehouse
because Bricks Warehouse applied for the trademark of Brick in 1977. During 1977-1988, they did not
challenge Bricks use of the name. In 1988, they sued the Bricks stealing their trademark. This is
unreasonably delayed, as a result, the defendant's reputation is prejudiced and caused significant
financial.
Common Law Trademark Rights
that mean is Bricks have used the trademark of Brick's Fine Furniture
are more than 20 years, and it had many witnesses such as business partners, supplier, and customers. In
the past 20 years, they have posted flyers, advertisements, or posters within their name, communicated
with community residents, and built the long-term relationships with their customers and suppliers in
business operations. This evidence belongs to the element of the common law trademark, so Bricks can
use the tort of passing off to sue its competitor even if the competitor use similar or same trademark
(Duplessis et al., 2020).
How the Bricks could have prevented the dispute
？
Trademark search:
In order to avoid infringing another company's trademark, Bricks need to search for
an existing or potential trademark before using the name Brick's Fine Furniture. It not only avoids
potential conflicts with other company but also avoid legal hardship. The Canadian Intellectual Property
Office will priority to consider the first company to file the trademark of application due to the patent
regime is first to file system (Duplessis et al., 2020).
Trademark registration:
After Bricks searches and ensures the trademark does not exist, it needs to
proactively register its trademarks of Brick's Fine Furniture. If the company has a trademark, it can get
stronger legal protection and defend the name and interests of the company when disputed in the
trademark. The company's owner can use the trademark rights in the expiry date because it created the
trademark, however, other companies can not use similar trademarks in the geographic area (Duplessis
et al., 2020).
Trademark of rebranding:
After Brick used the name Brick's Fine Furniture, it knew other companies
used Bricks as a trademark and had been registered. In order to avoid trademark conflicts, Bricks needs
to consider modifying or rebranding its company's trademark. Even if Bricks used the name of Brick's
Fine Furniture for over 20 years and built a relationship with customers for a long time, it needs to spend
more money and time in the legal suit.
Find and consulate the legal counsel:
When Bricks received the legal documents about the trademark
infringement, it needed to seek a lawyer and hear the legal advice immediately. The legal counsel would
provide the best course of action, professional advice, and potential defences to protect the company's
rights. If two companies are settled early, Bricks would avoid paying high legal costs in the future.
References
DuPlessis, D., O'Byrne, S., King, P., Adams, L., & Enman, S. (2020).
Canadian business and the law.
Nelson
Education Ltd.
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