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Your company distills Kentucky bourbon. A Canadian competitor is selling “Kentucky bourbon” in Ontario, but its bourbon is made in Canada. Canada’s liquor control agency has looked the other way and ignored your requests to enjoin the sale. Does the sale violate NAFTA? GATT? Would this action be heard before the NAFTA Free Trade Commission or the WTO? What steps can be taken to force Canada to enjoin the sale? What remedies are available? If the Canadian products are exported to the United States, can they be stopped at the border?

 

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