Mickey's Restaurants Ltd. is a large firm that operates a chain of 25 roadhouse style restaurant/taverns across Canada under the name of "Mickey's" and is well known nationally due to its extensive advertising campaigns. Mickey ("Mick") Dubb recently bought a restaurant/tavern, in downtown Niagara Falls. He formed a company under the name "Mickey Dee's Ltd." and renamed the restaurant "Mickey Dee's". The signature item on the menu was a large hamburger with 2 patties named the "Mickdubble". The dcor and furnishings of Mick's restaurant are not at all like those of the Mickey's chain, but the external appearance, franchise colours and sign bear some similarity. Mickey plans to franchise the business in Ontario. The president of Mickey's Restaurants Ltd. is angry because she has been planning to open a franchise store in Niagara Falls. She alleges that Mick is attempting to deceive the public, is trading on her company's reputation, and is benefitting from its advertising. She has written to Mick, insisting that he change the name of his company and his restaurant and the name of the signature burger. Mickey's Restaurants Ltd. sells its signature burger under the name "McDouble". Mick maintains that no one is confused, that he chose the name "Mickey Dee's" deliberately to distinguish his restaurants from those of the chain, and that, since the principal owners of Mickey's Restaurants Ltd. are not named Mickey, they are the ones who are trading improperly. 3 Mick comes to you for advice. He also asks if he can patent his grandmother's recipe for fried chicken (which includes 13 secret herbs and spices) and her recipe for pasta sauce. He intends to sell both from his restaurant.

Required: Advise Mickey what legal actions might be taken against him and whether or not they might succeed and the likelihood of obtaining the patents.

- Don't bother restating the facts from the answer-focus on legal issues

- an answer that simply provides your thoughts on the matter, without basing it on any law, is not a good answer; its not enough to state legal principle without explanation of law

- Look for all legal issues