Whats the underlying logic behind trademark law?
– Historically, the first user of a trademark on a specific line of goods or services owns the trademark and is thus entitled to keep others from using the same or similar mark in a context which is likely to mislead consumers. trademark law originally began as a body of law that kept one manufacturer from palming off his or her products as the products of another. In other words, it is designed to eliminate deception and unfair competition. Consider this scenario: For the past five years you has been operating a highly successful ice cream emporium under the word “Blue Bell” in your home town in Nova Scotia. You have never heard of another Blue Bell and never bothered with trademark registration. Meanwhile, an Ontario firm has registered the trademark “Blue Bell” to identify its growing chain of spaghetti diners and home brand tomato sauce. While conducting research for a Maritime expansion plan, the Ontario firm discovers your store and serves you with a lawsuit. Depending on the fac
