You are the owner of a small digital content provider based in Brandon, Manitoba. Your content is

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You are the owner of a small digital content provider based in Brandon, Manitoba. Your content is marketed under your Canadian registered trademark, dFOX. As well, you are the registered owner of the dFOX.com and dFOX.ca domain names. It has come to your attention that a US software company is advertising its newest voicemail-bot under the name dFOX on its website, codeworks.com. Code Works does not have a registered trademark for the dFOX product in the United States or anywhere else. The Code Works site is targeted to Americans and explicitly warns that its voicemail-bot software may work only with US telecommunications hardware. The site has a US-only 1-888 number but allows transactions to be completed online from anywhere in the world. The terms and conditions say that the warranty for the product is valid only for sales in the United States. You decide to write a demand letter to Code Works, insisting that it cease using your trademark immediately. In the letter, you indicate that, for the past several weeks, customers confused by Code Work's use of your mark have flooded your web server, causing email transmission problems and irreparable damage to some of your corporate hardware. Code Works ignores your demand and continues to market dFOX voicemail-bots on its website. You decide to go to a Manitoba court to seek a remedy for trademark infringement and economic loss. Outline the jurisdictional issues and tests you will be facing. What will your argument be? What can you expect Code Works to argue? As a risk manager for Code Works, how can you seek to avoid legal liabilities in foreign jurisdictions?

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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