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Snow Products Ltd. manufactures a line of shovels, ice scrapers, and similar products designed to remove snow and ice. One of its products is a snow and ice remover used for cleaning the ice or snow from automobile windshields. The manufacturer called the tool “The Snow Plow”, and it was sold under that name for many years to automotive wholesalers and retail chain stores.
One of its retail chain customers approached a competitor of Snow Products Ltd. with a request to have it manufacture a windshield snow and ice remover similar to ‘The Snow Plow” and its colour scheme. The competitor agreed to do so, and produced an ice scraper similar in appearance to the snow plow that the retail chain sold through its retail outlets.
The loss of the retail chain as a customer resulted in 20% drop in sales for The Snow Plow during the next winter season, and Snow Products Ltd. took legal action against the competitor.
Question: Discuss the nature of the claim in this case and the arguments of the parties.
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