Passing Off

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

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.
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December 18, 2020
Photograph of a man holding a passport with leather luggage on the ground at his feet.
December 18, 2020

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.
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February 28, 2019
February 28, 2019

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions
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November 21, 2017
November 21, 2017

Federal Court of Appeal rummages for the truth in Swiss luggage trademarks decision

2017 FCA 215 - The FCA found that trademarks owned by Travelway were confusingly similar to, and passing off on, trademarks owned by Wenger. The FCA's finding reversed a prior decision of the FC.
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July 11, 2017
July 11, 2017

Supreme Court of Canada upholds worldwide interlocutory injunction against Google

2017 SCC 34 - Canada's Supreme Court dismissed Google Inc.’s appeal and upheld the worldwide interlocutory injunction against it.
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June 29, 2015
June 29, 2015

Corporate Restructuring Fails to Avoid Injunction for Trade-mark Infringement

Agros Trading Confectionery SPZOO v K-Max Corp, 2015 ONSC 3166 - This case is an example of one company, who was sued for trade-mark infringement, attempting to evade the court ruling by incorporating a new company to continue selling the infringing products. Even though the infringement was taking place under new companies, infringers were still bound by an injunction preventing them from selling the infringing goods.
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