ABM Farms, the largest commercial grower of bananas located in Mexico City, has recently encountered issues while operating in the Canadian Market. The company has announced that it wants to take legal action against those whom they believe have misrepresented its brand in the Canadian Market.

ABM Farms says that they have found other companies in the market bearing its ABM Bananas logo. The company's logo is a green oval with solid yellow background, with the words ABM Bananas in bold using the Papyrus font.

The company says that it has received widespread reports of the fake bananas, and this has triggered concern. The company notes that the imposter banana stickers are circular.

The company currently has a Canadian Agent, who is responsible for getting their products within the local stores.

1. Identify the type of intellectual property relating to this product or business that has been infringed. (1 mark)

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? (3 marks)

 

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. (4 marks)