Confusion about Confusion: Unpacking the Wenger Decision

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Doctrinal discipline in trademark cases is often sacrificed to expediency; everyone knows infringement when they see it. Unfortunately, this instinctual approach can lead to analytical shortcuts, making it hard to reconcile seemingly conflicting decisions and even more difficult to predict future outcomes. The Federal Court of Appeal's recent decision in Wenger S.A. et al. v. Travelway Group International Ltd. provides a great opportunity to consider the Court's approach to trademark use, confusion and validity.

Join our experts as they address key issues and principles: 

  • How does the Court assess confusion?
  • What are the similarities and differences between infringement, passing off and depreciation of goodwill?
  • How does the use of a trademark variant change the analysis?
  • When is it strategically advantageous to proceed by way of application?


Mark Davis Norton Rose Fulbright Canada LLP
Cynthia Mason Mason Professional Corporation


Jordana Sanft Norton Rose Fulbright Canada LLP

Continuing Professional Development

This program is eligible for up to 1 Substantive Hour.

If you wish to receive CPD accreditation for this webinar please write to when you have completed viewing the recording. Please provide the CPD code as provided in the recording.


1 hr

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