The plaintiff, owner of the registered trademark 'Wingen' for software, sued the defendant for trademark infringement.
The defendant used the name 'Wingen' for its computers sold in the United States and operated a passive website that Canadian customers could access.
The trial judge found trademark infringement and awarded damages.
On appeal, the Court of Appeal held that a passive website does not constitute 'use' of a trademark in association with wares in Canada under the Trade-Marks Act, as no transfer of ownership occurs through that medium.
The appeal was allowed and the action dismissed.
