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

Justice St-Louis - 2019-08-29

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The Applicants were successful in their appeal of this Court's 2016 decision dismissing their application (Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215 [FCA decision]). The Federal Court of Appeal found that the Respondent, Travelway Group International Ltd. (Travelway), had infringed the Applicants' trademarks and had passed off its own goods as theirs. It granted the Applicants a declaration of trademark infringement, ordered a permanent injunction prohibiting Travelway from using its infringing marks, and ordered Travelway to destroy or deliver up all wares, packages, labels and advertising material marked. ... The Federal Court of Appeal remitted back to this Court the questions of: (1) whether Travelway's infringing trademarks should be struck from the trademark register; (2) whether damages or an accounting of profits are recoverable by the Applicants; and (3) if so, the amount and the appropriate procedure for determining them.

Decision relates to:


Canadian Intellectual Property