Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca), 2015 FC 19
Justice Manson - 2015-01-07
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Red Label is a travel business that offers online travel information services and bookings through its website redtag.ca, catering mostly to the Canadian market. The Defendant 411 Travel Buys Limited [411 Travel Buys] is an online travel agency offering information to customers through its website, and the availability of agents over the phone to create bookings for travel and travel-related services. When the Defendants’ website went online in January of 2009, a number of its webpages included some identical or very similar content to the Plaintiff’s webpages. This information included the title, description and keyword metatags, and the terms “red tag vacations” and “shop, compare & payless”. The content was not visible to customers visiting 411 Travel Buys’ website, and was located only in the webpage’s metadata. The Plaintiff commenced this action for copyright infringement, trademark infringement, passing off and depreciation of goodwill in the Plaintiff’s Red Label trademarks against the Defendant on August 20, 2009.
Decision relates to:
- T-1399-09 - RED LABEL VACATIONS INC. (REDTAG.CA) v. 411 TRAVEL BUYS LIMITED