8aixat partners Brendan van Niejenhuis and Andrea Gonsalves successfully persuaded the Federal Court of Appeal to overturn the earlier decision of the Federal Court, and hold that the respondent Travelway Group Inc.’s trade-marks on certain luggage items infringed the trade-mark rights over the Wenger Cross trade-mark, with its long-standing association to the genuine Swiss Army knife. The Court of Appeal granted a permanent injunction against continued use of the infringing marks, as well as an order for the destruction or delivery of existing infringing goods across Canada. In addition, the Court of Appeal remitted questions including the awarding of monetary damages back to the Federal Court, while commenting that the “reference” procedure was an available option for that issue despite the fact that the case was brought as an Application on written evidence, rather than a more typical Action leading to a trial.
