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18 Ms. Jayakaran owns Spicy Greens Restaurant Ltd. For the last 10 years, the company has operated three restaurants in Prince George, BC, each called Spicy Greens Restaurant and all three specializing in South Indian, Sri Lankan, and Singaporean 21 cuisine. Jayakaran was distressed one day to see a new restaurant operating in Prince George called Kirish Spicy Greens. 24 This new restaurant had a prominent awning with the name "Kirish Spicy Greens" emblazoned across it and, like the awning for Spicy Greens Restaurant, a yellow and orange bell pepper was prominently depicted. This new restaurant also specialized in South Indian, Sri Lankan, and Singaporean cuisine and its menu featured dishes 27 similar to those of Spicy Greens Restaurant Jayakaran is particularly concerned because some of her regular customers have 30 recently congratulated her on opening a new restaurant, referring to Kirish Spicy Greens. Jayakaran has since told the owner of Kirish Spicy Greens that she is going to sue him for the tort of passing off. a. What will Jayakaran have to prove to succeed in a passing off action? (3 points) b. Do you think her action will be successful? Discuss. (3 points)