Wenger S.A. v. Travel Way Group International Inc., 2016 FC 347
Justice St-Louis - 2016-03-24
Read full decision. Automatically generated summary:
The applicants seek the aid of the Court and the shelter of the Trade-marks Act, RSC 1985, c T-13 [the Act] to protect the Wenger Cross Logo, hereinafter described, and brand against what it considers Travelway’s infringing, deceptive and unfair actions. In essence, they submit that since 2008, and particularly since 2012, Travelway has engaged in a deliberate and planned scheme to unfairly hijack the reputation of Wenger’s Cross Logo, and claim it for itself. ... Travelway contends on the contrary that its trade-marks have been registered since 2009, and that the applicants had not objected to their use for at least two years after they first appeared. It submits, in essence, that it is legitimately using its trade-marks under the shield of the registrations it obtained, and that the applicants have not met their burden to show that a likelihood of confusion exists. For the reasons set out below, this application will be dismissed.
Decision relates to:
- T-1380-13 - WENGER S.A. ET AL v. TRAVELWAY GROUP INTERNATIONAL INC.