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Jail time used in trademark enforcement

Thursday, November 24, 2016 @ 7:00 PM | By Alan Macek

Smoke shop owner refused to participate and breached terms of contempt order

Rarely do intellectual property proceedings get into the details of actually enforcing court judgments after the judge’s decision is issued against unco-operative defendants. In a recent case, Trans-High Corp. v. Hightimes Smokeshop and Gifts Inc. 2015 FC 1104, a defendant who hadn’t complied with various court orders finding infringement of a trademark was sent to jail until damages, costs and interest were paid and an injunction complied with.

The proceeding related to enforcement of...