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ARTICLE · 22 JULY 2015

"The Donald" Trumps Condo Buyers By Avoiding Trade-mark Licensor Liability

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump's corporate affiliates to use Mr. Trump's name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.

CanadaIntellectual Property
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump's corporate affiliates to use Mr. Trump's name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.

BACKGROUND

In Singh v. Trump (Singh), the developer distributed a document to prospective purchasers of the units that set out the hypothetical revenue stream from the occupancy of the hotel units and the anticipated expenses to predict a return on investment. The buyers were given the document before they signed purchase agreements.

Purchasers alleged that the document contained numerous misrepresentations upon which they relied in making their decisions to buy the units. The buyers were told that customers flock to TRUMP hotels so that high average rental and high occupancy rates would be ensured, and said that they took comfort

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