Wenger S.A., Group International Ltd. et al. v. Travelway Group International Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Judge | St-Louis, J. |
| Citation | 2016 FC 347 |
| Date | 24 March 2016 |
| Subject Matter | TORTS,EVIDENCE,STATUTES,COURTS,PRACTICE |
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20 practice notes
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Year In Review ' Key Trademark Cases From 2020
...in association with luggage constituted 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 Cour......
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TFI Foods LTD v. Every Green International
...Ltd v CEO International Holdings Inc, 2000 CanLII 15141, 5 CPR (4th) 321 (FC) at para 19; Wenger SA v Travel Way 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 L......
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TFI Foods Ltd. v. Every Green International Inc.
...a proper party, although she concluded that passing off was not made out on other grounds: Wenger SA v Travel Way Group International Inc, 2016 FC 347 at para 100, 130–132 [Wenger SA 2016]. As set out above, the Court of Appeal found on appeal that there was passing off, but stated t......
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Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
...trademark infringement and passing off, and seeking expungement of Travelway's registered trademarks, was dismissed by the Federal Court (2016 FC 347). As detailed in a previous IP Update, the Federal Court of Appeal subsequently allowed Wenger's appeal, finding both infringement and passin......
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6 cases
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TFI Foods LTD v. Every Green International,
...Ltd v CEO International Holdings Inc, 2000 CanLII 15141, 5 CPR (4th) 321 (FC) at para 19; Wenger SA v Travel Way 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 L......
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TFI Foods Ltd. v. Every Green International Inc.,
...a proper party, although she concluded that passing off was not made out on other grounds: Wenger SA v Travel Way Group International Inc, 2016 FC 347 at para 100, 130–132 [Wenger SA 2016]. As set out above, the Court of Appeal found on appeal that there was passing off, but stated t......
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Group III International Ltd. v. Travelway Group International Ltd.,
...for infringement of the appellants’ registered trademarks and passing off. In 2016, the Federal Court dismissed the application (2016 FC 347). The appellants appealed that decision. [4] In 2017, this Court allowed the appeal and granted the following relief: i) a declaration that the respon......
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Biosteel Inc. v Cizzle Brands Ltd,
...8408 (C.J.)), direct affidavit evidence of confusion by sellers themselves (see Wenger S.A. v. Travel Way Group International Inc., 2016 FC 347, at paras. 40-42), or expert evidence offering an empirical measure of consumer confusion (see, for example, Diageo, at para. 87; Kirkbi AG v. Ritv......
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14 firm's commentaries
-
Year In Review ' Key Trademark Cases From 2020
...in association with luggage constituted 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 Cour......
-
Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
...trademark infringement and passing off, and seeking expungement of Travelway's registered trademarks, was dismissed by the Federal Court (2016 FC 347). As detailed in a previous IP Update, the Federal Court of Appeal subsequently allowed Wenger's appeal, finding both infringement and passin......
-
Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
...trademark infringement and passing off, and seeking expungement of Travelway's registered trademarks, was dismissed by the Federal Court (2016 FC 347). As detailed in a previous IP Update, the Federal Court of Appeal subsequently allowed Wenger's appeal, finding both infringement and passin......
-
2021 Year In Review: Key Trademark Cases In Canada
...in association with luggage constituted trademark infringement and passing off. The Federal Court originally dismissed the application (2016 FC 347), but the Federal Court of Appeal overturned (2017 FCA 215), finding that Travelway's registered trademarks infringed and passed off on Wenger'......
Get Started for Free