Wenger SA v. Travelway Group International Inc., 2019 FC 1104

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2019 FC 1104
Date29 August 2019
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14 practice notes
  • TFI Foods LTD v. Every Green International, 2020 FC 808
    • Canada
    • Federal Court (Canada)
    • 4 Agosto 2020
    ...from the use of similar trademarks: Group III International at paras 80–82; see also Wenger SA v Travelway Group International Inc, 2019 FC 1104 at para 16. At the same time, any misrepresentation must be related to a registered or unregistered trademark given the constitutional limitations......
  • Year In Review ' Key Trademark Cases From 2020
    • Canada
    • Mondaq Canada
    • 19 Enero 2021
    ...can be found here. In 2019, the Federal Court expunged Travelway's trademark registrations but dismissed Wenger's monetary claims (2019 FC 1104). Travelway did not appeal that decision. This latest appeal to the FCA focused solely on the dismissal of Wenger's claim for monetary compensation......
  • TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241
    • Canada
    • Federal Court (Canada)
    • 19 Marzo 2021
    ...Justice St-Louis of this Court concluded expungement was warranted, but damages were not: Wenger SA v Travelway Group International Inc, 2019 FC 1104 at paras 23–26, 50–52 [Wenger SA 2019]. The expungement determination was based on a conclusion that the Court of Appeal in Gro......
  • Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
    • Canada
    • Mondaq Canada
    • 8 Octubre 2021
    ...(2017 FCA 215). In 2019, the Federal Court granted a judgment expunging Travelway's trademarks, but dismissing Wenger's claim for damages (2019 FC 1104). Wenger appealed, and the sole issue before the Federal Court of Appeal was whether Wenger was entitled to monetary compensation for Trave......
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3 cases
  • TFI Foods LTD v. Every Green International, 2020 FC 808
    • Canada
    • Federal Court (Canada)
    • 4 Agosto 2020
    ...from the use of similar trademarks: Group III International at paras 80–82; see also Wenger SA v Travelway Group International Inc, 2019 FC 1104 at para 16. At the same time, any misrepresentation must be related to a registered or unregistered trademark given the constitutional limitations......
  • TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241
    • Canada
    • Federal Court (Canada)
    • 19 Marzo 2021
    ...Justice St-Louis of this Court concluded expungement was warranted, but damages were not: Wenger SA v Travelway Group International Inc, 2019 FC 1104 at paras 23–26, 50–52 [Wenger SA 2019]. The expungement determination was based on a conclusion that the Court of Appeal in Gro......
  • Group III International Ltd. v. Travelway Group International Ltd., 2020 FCA 210
    • Canada
    • Court of Appeal (Canada)
    • 9 Diciembre 2020
    ...RIVOALEN J.A. I. Introduction [1] The appellants appeal the judgment of the Federal Court (per St. Louis, J.) rendered on August 29, 2019 (2019 FC 1104) ordering the expungement of the respondent’s registered trademarks and dismissing the appellant’s claim for damages. [2] This is the secon......
11 firm's commentaries
  • Year In Review ' Key Trademark Cases From 2020
    • Canada
    • Mondaq Canada
    • 19 Enero 2021
    ...can be found here. In 2019, the Federal Court expunged Travelway's trademark registrations but dismissed Wenger's monetary claims (2019 FC 1104). Travelway did not appeal that decision. This latest appeal to the FCA focused solely on the dismissal of Wenger's claim for monetary compensation......
  • Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
    • Canada
    • Mondaq Canada
    • 8 Octubre 2021
    ...(2017 FCA 215). In 2019, the Federal Court granted a judgment expunging Travelway's trademarks, but dismissing Wenger's claim for damages (2019 FC 1104). Wenger appealed, and the sole issue before the Federal Court of Appeal was whether Wenger was entitled to monetary compensation for Trave......
  • Supreme Court Of Canada Denies Leave To Appeal In Travelway Group International Inc v Group III International Ltd
    • Canada
    • Mondaq Canada
    • 8 Octubre 2021
    ...(2017 FCA 215). In 2019, the Federal Court granted a judgment expunging Travelway's trademarks, but dismissing Wenger's claim for damages (2019 FC 1104). Wenger appealed, and the sole issue before the Federal Court of Appeal was whether Wenger was entitled to monetary compensation for Trave......
  • Key Trademark Decisions In 2021
    • Canada
    • Mondaq Canada
    • 19 Enero 2022
    ...Evidence In A Trademark Opposition! (johnmckeownblog.com) Effect of Expungement In Wenger SA v. Travelway Group International Inc., 2019 FC 1104 affirmed Group II International Ltd. v. Travelway Group International Ltd. 2020 FCA 210, an application to seek to leave to appeal to the Supreme ......
  • Request a trial to view additional results

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