Discussion #$5-$Chapter $18$

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In $1969,$ Cynthia and Frederick

Brick opened a high$-$end furniture store in Winnipeg.

They operated the store under the name Brick's Fine

Furniture. In $1988,$ Brick Warehouse Corp., a national chain of lower$-$priced furniture, sent the Bricks a letter demanding that they stop using "Brick" as part of their business name. In $1977,$ Brick Warehouse had filed a number of trademark applications that included the word "Brick." The Bricks had not registered the word "Brick" as a trademark. As they had used the same name for more than $20$ years, they refused to comply with Brick Warehouse's demand. The furniture chain sued and after a protracted legal battle that cost the Bricks $$178000$ in legal fees, the case settled. The parties agreed to co$-$exist in Winnipeg. What legal arguments were available to the Bricks? How could the Bricks have prevented this dispute?

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