Use This Fact Situation to Answer the Related Questions That

question 12

Multiple Choice

Use this fact situation to answer the related questions that follow. Henry is developing a website for a large multinational Canadian manufacturing company located in British Columbia,which carries on its business over the Internet.His website incorporates the name of the company,its logo,which is a five-pointed flaming star,and also a link to the website of another company,located in Halifax,Nova Scotia,which is well known across Canada for its top-quality products and which has registered its name under the Trade-marks Act and its website under the Copyright Act.When the Nova Scotia company hears about Henry's company's website,it takes a good look at it and then,in order to ensure that it will not suffer a drop in sales,decides to sue Henry's company.
In this case,Henry's company has

• A)committed a breach of the Industrial Design Act.
• B)only committed the tort of passing-off.
• C)committed a breach of the Copyright Act.
• D)only committed passing-off under the Trade-marks Act.
• E)committed both the tort of passing-off and a breach of the passing-off provisions of the Trade-marks Act.

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Definitions:

Short-Term Benefit

Refers to immediate rewards or perks provided to employees, including bonuses, sick leave, and temporary incentives.

Long-Term Benefit

Advantages or positive outcomes that accrue over an extended period, often associated with investments or strategic business decisions.

Shareholder Needs

The requirements or interests of individuals or entities that own shares in a corporation, often focused on return on investment.

Price Appreciation

The increase in the value of an asset or investment over time, not including the dividends or interest earned.