While they were in college, Larry and Libby designed, sewed, and marketed their own line of athletic wear. Embroidered o
Posted: Thu Apr 28, 2022 12:23 pm
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. Two decades later, Libby’s
daughter received a hoodie for her 18th birthday 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.
• What is the legal issue? • What is the legal test? • Arguments
for the plaintiff? • Arguments for the defendant?
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. Two decades later, Libby’s
daughter received a hoodie for her 18th birthday 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.
• What is the legal issue? • What is the legal test? • Arguments
for the plaintiff? • Arguments for the defendant?