Question

Learning Activity 7 Mars, the manufacturer of M&M candies, had held its trademark in Canada since the 19508 MGM Meats operated a retail chain across Canada selling specialty foods, including desserts in 1991, M&M Meats applied to register a new logo with just the letters M&M Mars opposed the application largely because M&M Meats had dropped the words "Mear Shops" from its logo. Eventually, the parties reached an agreement under which Mars agreed to withdraw opposition in exchange for M&M Meats' promise not to use marks in association with candy or toys and not to use letters in a style similar to that used by Mars for MM candies. Subsequent amendments to the agreement resulted in MGM Meats agreeing to restrict the sale of ice cream and baked goods to company owned or franchised stores trading under the name Mam Meat Shops. M&M Meats entered into an arrangement with Mac's Convenience stores in 2001, whereby Mac's became an Mam Meats franchisee. When Mars learned of the arrangement, it took the position that the sale of Mam Meats ice cream and dessert products in Mac's stores breached the agreement between Mars and Ma Meats. Question: Should Mam Meats be allowed to continue selling its ice cream and baked goods through Mac's outlets? In each Mac's franchise, M&M Meat Shops had separate signs, counters, displays, fixtures, and equipment. Does this additional information have any impact on your opinion?

business law

Answer 1

As per Given Case -

M&M Meats can be allowed to continue sell of its ice cream and baked goods through Mac's outlets if it is not under brand name of M&M Meats.

as M&M Meats had entered in the subsequent agreement with the Mars which  restricts M&M Meats to sell ice creams, baked goods by itself or through franchisee trading under brand name of M&M Meats.

But,

M&M Meats can not be allowed to continue sell of its ice cream and baked goods through Mac's outlets if it is under brand name of M&M Meats.

So,

Additional information had an impact on our opinion.