Louisa is a lemonade manufacturer in Ottawa.Since 1985, she has marketed her juice under the trademark FreshSqueeze.Late last year, a less expensive lemonade began appearing in grocery stores bearing a remarkably similar label.When examined closely, the label for the new lemonade actually says Fresh-n-Squeeze, but the 'n' is so small that it is hardly noticeable.The rest of the label, including colours and fonts, appears to be nearly identical.Louisa is upset because her lemonade sales have fallen drastically since it appeared on the shelves.Louisa decides to sue for passing-off.If Louisa is successful, what remedy is not available to her?
A) an injunction to force the other party to stop selling the lemonade under that name
B) an order for an accounting from the other party to pay her the profits earned from Fresh-n-Squeeze sales
C) an order for damages to reimburse Louisa for lost sales during the period that the two lemonades were on the shelves
D) an injunction compelling the competitor's lemonade to removed the shelves permanently
E) imprisonment of the directors of the competitor
Correct Answer:
Verified
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