Operated independent business dealing with safety products

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Two alienated brothers operated independent business dealing with safety products. One (Brother A) operated through Dentec Safety Specialists Inc. and used a domain name website Dentecsafety.com. His brother (Brother B) knowing this, intentionally registered the name Dentecsafety.ca and at that web site redirected customers to his own website degilsafety.com. This action is brought by Dentic Safety Specialists operated by the first brother (Brother A). In it he claims the actions of Degil Safety products amounted to a passing off and seeks general damages and punitive damages.

Explain the arguments for both parties, what has to be established in a passing off action and the likely outcome.

Reference no: EM132143846

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