Passing Off

November 3, 2021
A woman sits on a pink suitcase in an airport.

Supreme Court Refuses to Hear Appeal in Luggage Trademark Dispute

SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
December 18, 2020
Photograph of a man holding a passport with leather luggage on the ground at his feet.

Less Baggage: Trademark Registration Later Expunged Will Not Be Liable for Prior Damages

2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
June 18, 2019

Raptors Win but Trademark still under Claw

The Raptors may have won the NBA championship but they still have a court battle ahead, this time against popular energy drink Monster Energy.
February 28, 2019
Ontario flag pictured against a blue sky

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions