CASES
TRADE MARK INVESTIGATION
Names and locations have been changed to protect the innocent, as well as the not so innocent.
Twist Ending
The client was a publicly traded toy manufacturing company, wanting to use the trademark "TwistedTales", currently owned by author Dan Ransom. The mark was registered for use on children's books, toys and playthings. Although the books were available in Canada, the client did not believe that Ransom was currently offering toys or playthings with the trademark. If this was the case, the way would be clear for our client to take over the trademark. We conducted a marketplace search of major Canadian retailers to identify whether or not such goods were for sale. Our research included Internet searches, telephone interviews and visits to Canadian book and toy retailers. Finally, we telephoned the author. His assistant confirmed without a doubt that there was no such merchandise available in Canadian retail stores. Our affidavits were sufficient for the manufacturer to take over the trademark
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