ABM Farms, the largest commercial banana grower based in Mexico City, has encountered a branding issue within the Canadian Market. The company now intends to pursue legal action against entities that have allegedly misrepresented its brand within the Canadian market.

 

ABM Farms has built a formidable reputation as a premium banana supplier in the global market. The company is widely recognized for its iconic ABM Bananas logo, featuring a green oval against a solid yellow background, with the words "ABM Bananas" prominently displayed in the bold Papyrus font. This logo signifies a commitment to quality and has become synonymous with the tasty ABM bananas.

 

Recent developments have sent ripples of concern through ABM Farms. The company has unearthed a growing number of other entities operating in the Canadian market using a logo highly resembling ABM Farms' distinctive logo. The imitation logo bears the name "ABM Bananas". Notably, these counterfeits employ a circular design, deviating from the original oval shape of ABM Farms' branding. This unauthorized usage of a strikingly similar logo has raised several questions about branding integrity and intellectual property rights.

 

ABM Farms' foray into the Canadian market, facilitated by a local agent, aimed at making its products more accessible to the Canadian consumer base. However, reports of counterfeit ABM Bananas branding have begun to circulate. Consumers have shared experiences of encountering these imposter bananas sporting circular stickers, causing considerable confusion and concern.

In response to the increasing prevalence of counterfeit branding within the Canadian market, ABM Farms has decided to take legal action. The company's primary objective is to protect its brand identity and to uphold the trust that consumers place in its products. This legal initiative is a proactive step to deter unauthorized entities from further using a logo that bears striking similarity to ABM Farms' distinctive branding.

questions:

1. Identify the type of intellectual property relating to this product or business that has been infringed. 
2. For the type of intellectual property in question 1, explain how ABM Farms can ensure that it has exclusive use of its intellectual property in Canada. (2 marks)
3. Explain three civil remedies that are available to ABM Farms for trademark infringement in Canada? 
4. Name and explain two market entry strategies that would be appropriate for ABM Farms to consider in order to expand into Canada, do not suggest Agency (as they currently have this relationship). Describe one risk and one benefit of each strategy. 

Answer rating: 100% (QA)

1 The type of intellectual property that has been infringed in this case is trademark 2 To ensure ex... View the full answer