High Times Smoke Shop & Gifts found to be infringing
Trans-High Corporation v. Hightimes Smokeshop and Gifts Inc.,  2013 FC 1190

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 trademark 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 trademark 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
Ontario Dental Assistants Association v. Canadian Dental Association,  2013 FCA 279

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.

Intervener not allowed in passing off claim
Pinnacle Estates Inc. v. Beam Inc., 2013 FC 1051

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 Trademarks 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.

Other Industry News

The Government of Canada has introduced legislation proposing amendments to the Food and Drugs Act: Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law), Bill C-17.

Health Canada has published a new Guidance Document: Considerations for Inclusion of Women in Clinical Trials and Analysis of Sex Differences.

Health Canada has announced several new forms: Qualified Investigator Undertaking; form for Drug Identification Number (DIN) Submission Certification; Drug Master File (DMF) Application Fee and  Research Ethics Board Attestation.

Health Canada has announced a Consultation – Management of Product License Applications (PLA) For Natural Health Products.

Health Canada published its Approach to Natural Health Products.




Chantal Saunders

Beverley Moore

Adrian J. Howard


Intellectual Property