B LAW402 Lecture Notes - Jeffrey Rowland, Sui Generis, Clamato

• School: University of Alberta
• Department: Business Law
• Course: B LAW402
• Professor: Elaine Geddes

Document Summary

Duffy-mott licensed its trademark and its formula for making clamato, a confection of tomato juice and clam broth, to caesar canning. Clamato, duffy-mott communicated information about its recipe and manufacturing procedures which was confidential. Caesar canning subsequently entered into a contract with the appellant fbi foods to manufacture clamato and passed on this confidential information. The respondent cadbury schweppes acquired the shares of duffy-mott and notified caesar canning that the licence agreement (and consequently the sub-agreement with fbi foods) would terminate in 12 months, on april 15, 1983. The licence agreement left caesar canning (and therefore fbi foods) free to compete with the respondent in the juice market after termination. Working from the list of ingredients and processing specifications for clamato, but omitting clams or other seafood, caesar. Canning developed caesar cocktail, which went on the market immediately after the licensing agreement terminated. Fbi foods agreed to co-pack the new product.