While they were in college, Larry and Libby designed, sewed, and marketed their own line of…

While they were in college, Larry and Libby designed,
sewed, and marketed their own line of athletic wear.
Embroidered on each of the garments that they sold was a unique
pattern of a running horse. The running horse also
prominently appeared on their webpage. Although the business was
very profitable, the students abandoned their on-line clothing
business two years later when they were both accepted into medical
school. Twenty years later, Libby’s daughter received a
hoodie for her 18th birthday that her best friend had purchased
from AthletiCo, the largest retailer of athletic wear in
Canada. Libby was shocked to discovery that embroidered on
the back of her daughter’s hoodie was the exact same unique pattern
of a running horse that she and Larry used to identify their line
of athletic wear decades ago. Libby sues AthletiCo for using
the “running horse” logo.

1. What is the legal issue? (2 marks)

2. What is the legal test that applies to the legal issue
   you have identified. (1 marks)

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3. Make an argument for the Plaintiff (1 mark)

4. Make an argument for the Defendant (1
   mark)