A Niagara Falls business has been found to have both infringed
and directed public attention to its wares, services or business in
such a way as to cause confusion with the registered trade-mark
HIGH TIMES. The Respondent was ordered to cease infringing, to
transfer over control of their website, to pay $25,000 in damages
and $30,000 in costs.
The Applicant uses the trade-mark in association with magazines
such as The High Times Magazine, and some goods like ashtrays,
lighters, DVDs, tee-shirts and caps. The Respondent sells smoking
and marijuana-related accessories in its shop named "High
Times Smoke Shop & Gifts". The Respondent did not respond
to a demand letter, nor appear at the hearing, and the evidence
supported the allegations made against it.
"CDA" not registrable as a certification mark by the
Ontario Dental Assistants Association
The Canadian Dental Association had successfully opposed the Ontario Dental
Assistants Association from registering the certification mark
"CDA". This decision was appealed to the Federal Court where they lost
again, and now the Court of Appeal has also dismissed their appeal.
The Court of Appeal found it was reasonable for the Federal Court
Judge to find that the mark had not been used as claimed and that
the mark was not distinctive because CDA had become sufficiently
known as a reference to the Respondents.
The Constellation Group sought leave to intervene under Rule 109
in an unfair competition action for the tort of passing off. The
plaintiffs opposed and one defendant took no position. The motion
was ultimately dismissed.
All the parties are engaged in multiple proceedings in
provincial and federal courts, as well as before the Trade-marks
Opposition Board. The pleadings in the current proceeding initially
referred to some of the other litigation involving the
Constellation Group, which probably triggered the motion to
intervene. However, the pleading was amended to remove those
allegations and based on these amended pleadings it was found that
there are no factual or legal issues in this litigation that the
Constellation Group can assist with.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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