Group III International Ltd. v. Travelway Group International Ltd., 2017 FCA 215
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 06 November 2017 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
28 practice notes
-
Vidéotron Ltée v. Konek Technologies Inc., 2023 FC 741
...product is “very similar” and is sold on the same markets: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 [Travelway] at paragraph 84; Alliance Laundry Systems LLC v Whirlpool Canada LP, 2019 FC 724 [Alliance Laundry] at paragraphs [135] The fa......
-
Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794
...although they may have varying importance depending on the case: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 at paras 34, 45–49 [Group III (2017)]. That said, the degree of resemblance is often likely to have the greatest effect on the confusion analysis: M......
-
Bunzl IP Holdings, LLC v. Winnipeg Pants & Sportswear Mfg Ltd., 2022 FC 813
...only on some subsection 6(5) factors without consideration of the others: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 at para 34. A fair reading of the Registrar’s decision as a whole indicates they did not make such an error. [27] In any event, to t......
-
TFI Foods LTD v. Every Green International, 2020 FC 808
...Group International Inc, 2016 FC 347 at para 100, rev’d on other grounds Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215; see also HTS Engineering Ltd v Marwah, 2019 ONSC 6351 at paras 163–166. I will therefore focus for the purposes of this motion on the claim......
Request a trial to view additional results
11 cases
-
Vidéotron Ltée v. Konek Technologies Inc., 2023 FC 741
...product is “very similar” and is sold on the same markets: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 [Travelway] at paragraph 84; Alliance Laundry Systems LLC v Whirlpool Canada LP, 2019 FC 724 [Alliance Laundry] at paragraphs [135] The fa......
-
Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794
...although they may have varying importance depending on the case: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 at paras 34, 45–49 [Group III (2017)]. That said, the degree of resemblance is often likely to have the greatest effect on the confusion analysis: M......
-
Bunzl IP Holdings, LLC v. Winnipeg Pants & Sportswear Mfg Ltd., 2022 FC 813
...only on some subsection 6(5) factors without consideration of the others: Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 at para 34. A fair reading of the Registrar’s decision as a whole indicates they did not make such an error. [27] In any event, to t......
-
TFI Foods LTD v. Every Green International, 2020 FC 808
...Group International Inc, 2016 FC 347 at para 100, rev’d on other grounds Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215; see also HTS Engineering Ltd v Marwah, 2019 ONSC 6351 at paras 163–166. I will therefore focus for the purposes of this motion on the claim......
Request a trial to view additional results
17 firm's commentaries
-
Year In Review ' Key Trademark Cases From 2020
...trademark infringement and passing off. The Federal Court originally dismissed the application (2016 FC 347) but the FCA overturned (2017 FCA 215), finding that Travelway's marks were confusing with Wenger's, and sent the case back to the Federal Court to decide the issues of expungement an......
-
Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
...both infringement and passing off, and remanding the issues of expungement and damages to the Federal Court for further adjudication (2017 FCA 215). In 2019, the Federal Court granted a judgment expunging Travelway's trademarks, but dismissing Wenger's claim for damages (2019 FC Wenger appe......
-
Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
...both infringement and passing off, and remanding the issues of expungement and damages to the Federal Court for further adjudication (2017 FCA 215). In 2019, the Federal Court granted a judgment expunging Travelway's trademarks, but dismissing Wenger's claim for damages (2019 FC Wenger appe......
-
Infringement, Expungement, No DamagesOh My!
...defence as long as the trademark registrations are not invalid ab initio. The Federal Court of Appeal ("FCA") ruled nearly two years ago (2017 FCA 215) that use by Travelway of modified versions of its registered trademarks that included a Swiss cross-design in association with luggage infr......
Request a trial to view additional results