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.