BUS 393 Study Guide - Midterm Guide: M&M Food Market, Lasagne, Quiche

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Appellant: mars canada inc. represented by j. holloway and r. kittredge. Respondent: m&m meat shops ltd. represented by j. dolman & g. scott. The 2 companies, mars & m&m meat were involved in a trademark dispute. Mars wanted a declaration that m&m meat breached their settlement agreement by selling restricted products, and an injunction restraining the breach. Mars makes various candy/chocolate products including m&m"s candy. Since 1950, owned & used m&m"s trademarks in canada. M&m meat was founded in 1980 and currently sells 400 types of specialty foods thru 450 company-owned or franchise stores. Products: fresh and frozen meats, pastas, pizzas, desserts, ice cream, and more. Has registered several trademarks for business use that contain the letters. Dec 1986: m&m meat applied to register a trademark design with the letters m&m and the words meat shops underneath the letters. July 21, 1991: trademark registered, covering products such as meat, fish, poultry, quiche, pizza, lasagna, pies, and pastries.

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