Fast-Tracking Canadian Trade-Mark Litigation: Enforcing Trade-Mark Rights Through Summary Applications

The recent decision of the Federal Court in Trans-High Corporation v Hightimes Smokeshop and Gifts Inc, 2013 FC 1190, showcases a summary and expeditious procedure for enforcing trade-mark rights in Canada. In this case, the applicant, Trans-High Corporation, successfully moved by way of application for permanent injunctive relief, damages and legal fees in respect of its claims that the respondent, Hightimes Smokeshop and Gifts Inc., had engaged in trade-mark infringement, statutory passing off and depreciation of goodwill. The entire proceeding, from the date of service of the Notice of Application to the date of the Court's decision, took only five months.

Trade-mark owners may bring applications seeking relief from trade-mark infringement, passing off and depreciation of goodwill by way of a summary application to the Federal Court, based on a written record, but should only do so in the right circumstances.