Group III International Ltd. v. Travelway Group International Ltd., 2020 FCA 210
Justice Pelletier; Justice de Montigny; Justice Rivoalen - 2020-12-09
Read full decision. Automatically generated summary:
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. ... In this appeal, the appellants submit that the Federal Court erred and should have found that the infringing marks have always been invalid and never registrable, therefore disentitling the respondent from relying on section 19 and entitling the appellants to financial compensation from the moment the respondent started using the infringing trademarks. ... For these reasons, I would allow the appeal with costs and award the appellants an accounting of profits to be quantified by way of reference under Rule 153 of the Rules.
Decision relates to:
- A-356-19 - GROUP III INTERNATIONAL LTD ET AL v. TRAVELWAY GROUP INTERNATIONAL LTD which is an appeal from 2019 FC 1104 in T-1380-13