The Charbonneau Company of Restigouche, New Brunswick – created and fun by Luc Charbonneau – manufactures a fine hockey stick called "The Charbonneau"

Question

Although it is known to hockey aficionados across North America and even in Europe, at the present time Luc sells it only in New Brunswick and Quebec. Luc's cousin, Emile Charbonneau, opens a plant in Winnipeg and begins marking a virtually identical hockey stick which he plans to sell only in Western Canada. He calls it "The Charbonneau". Luc has never registered his name as a trade mark. Can he now prevent Emile from using the name Charbonneau for his hockey sticks?
A) No. This may be passing off, but Emile is selling his goods in a different market than Luc.
B) Yes. Even though Luc has not registered his trade mark, it is known in Canada and cannot be infringed anywhere else in the country.
C) No. Luc has no proprietary right in his name.
D) No. The public in Western Canada would not be confused.
E) Yes. This is a violation of the federal Trade-marks Act.

Answer 1

A