Wenger S.A., Group International Ltd. et al. v. Travelway Group International Inc., 2016 FC 347

JurisdictionFederal Jurisdiction (Canada)
JudgeSt-Louis, J.
CourtFederal Court (Canada)
Subject MatterTORTS,EVIDENCE,STATUTES,COURTS,PRACTICE
Citation2016 FC 347
Date24 March 2016
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
18 practice notes
  • TFI Foods LTD v. Every Green International, 2020 FC 808
    • Canada
    • Federal Court (Canada)
    • August 4, 2020
    ...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......
  • Year In Review ' Key Trademark Cases From 2020
    • Canada
    • Mondaq Canada
    • January 19, 2021
    ...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......
  • TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241
    • Canada
    • Federal Court (Canada)
    • March 19, 2021
    ...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......
  • Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
    • Canada
    • Mondaq Canada
    • October 8, 2021
    ...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......
  • Request a trial to view additional results
4 cases
  • TFI Foods LTD v. Every Green International, 2020 FC 808
    • Canada
    • Federal Court (Canada)
    • August 4, 2020
    ...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......
  • TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241
    • Canada
    • Federal Court (Canada)
    • March 19, 2021
    ...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......
  • Group III International Ltd. v. Travelway Group International Ltd., 2020 FCA 210
    • Canada
    • Court of Appeal (Canada)
    • December 9, 2020
    ...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......
  • Group III International Ltd. v. Travelway Group International Ltd., 2017 FCA 215
    • Canada
    • Court of Appeal (Canada)
    • November 6, 2017
    ...not successful, largely on the basis that the appellants were not able to establish a likelihood of confusion with the respondent’s marks (2016 FC 347). The appellants have appealed this judgment (the Decision) to this A. Background facts (1) The appellants and the Wenger marks [2] There ar......
14 firm's commentaries
  • Year In Review ' Key Trademark Cases From 2020
    • Canada
    • Mondaq Canada
    • January 19, 2021
    ...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
    • Canada
    • Mondaq Canada
    • October 8, 2021
    ...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
    • Canada
    • Mondaq Canada
    • October 8, 2021
    ...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
    • Canada
    • Mondaq Canada
    • January 20, 2022
    ...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'......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT