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Use This Fact Situation to Answer the Related Questions That

Question 12

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Use this fact situation to answer the related questions that follow. Henry is developing a website for a large multinational Canadian manufacturing company located in British Columbia,which carries on its business over the Internet.His website incorporates the name of the company,its logo,which is a five-pointed flaming star,and also a link to the website of another company,located in Halifax,Nova Scotia,which is well known across Canada for its top-quality products and which has registered its name under the Trade-marks Act and its website under the Copyright Act.When the Nova Scotia company hears about Henry's company's website,it takes a good look at it and then,in order to ensure that it will not suffer a drop in sales,decides to sue Henry's company.
In this case,Henry's company has


A) committed a breach of the Industrial Design Act.
B) only committed the tort of passing-off.
C) committed a breach of the Copyright Act.
D) only committed passing-off under the Trade-marks Act.
E) committed both the tort of passing-off and a breach of the passing-off provisions of the Trade-marks Act.

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