Infringement, Expungement, No Damages—Oh My!

The latest chapter in the Group III International Ltd. v. Travelway Group International Ltd. saga has closed. The Federal Court has ordered Travelway's trademark registrations expunged for invalidity, but has ordered no damages or accounting of profits to Wenger S.A. (2019 FC 1104). This result assuages some of the uncertainty created by the underlying Federal Court of Appeal decision that had left two registered but confusing trademarks on the Register, suggesting that where confusion is found, expungement (if sought) should follow. Moreover, this result suggests that registered trademark owners can shelter their infringing use under the section 19 defence as long as the trademark registrations are not invalid ab initio.