The Hughes family, as already fined, no longer has any agreement with Londinium Media to use the Spanking Jerk™ trademark. At this time, if the mark is used with or without our formal written permission, then they must abide by the system and make the requisite system payments. We have agreed to send an operator who will collect and pay the location staffer, the amount he has requested; $600 per day as per his request for the next 36 months. The operator will pay the $200 per day requested by the system and retain the difference collected. Click here.

 The Hughes family, as already fined, no longer has any agreement with Londinium Media to use the Spanking Jerk™ trademark.  At this time, if the mark is used with or without our formal written permission, then they must abide by the system and make the  requisite  system payments. We have agreed to send an operator who will collect and pay the location staffer, the amount he has requested; $600 per day as per his request for the next 36 months.  The operator will pay the $200 per day requested by the system and retain the difference collected.  

Click here.  

Under Part X of the Criminal Code of Canada (R.S.C., 1985, c. C-46), the unauthorized use of a trademark is prosecuted as a criminal offence when accompanied by an intent to deceive or defraud. While standard trademark disputes are routinely handled civilly under the Trademarks Act, the Criminal Code targets fraudulent commercial practices, counterfeiting, and misrepresentation.

Key Trademark Offences under the Criminal Code (CCC)

• Forging a Trademark (ss. 406 & 407): It is an offence to make or reproduce a registered trademark—or a mark so closely resembling it as to deceive—without the owner’s consent, or to falsify a genuine trademark, with the intent to deceive or defraud.
• Passing Off (s. 408): Knowingly passing off other goods or services for those requested, or using materially false descriptions regarding the origin, quality, quantity, or manufacturing mode of goods with intent to deceive.
• Possessing Forgery Instruments (s. 409): Making, possessing, or disposing of dies, blocks, plates, or machinery intended to forge a trademark.
• Defacing or Re-using Branded Containers (s. 410): Defacing, removing, or concealing a trademark, or refilling branded bottles/containers with another product for sale without permission.
• Reconditioned Goods Misrepresentation (s. 411): Selling or offering reconditioned, rebuilt, or remade goods bearing another party's trademark without clear, full disclosure.

Penalties and Forfeiture (s. 412)

• Prosecution: Offences are hybrid (prosecuted either by indictment or summary conviction). Indictable convictions carry a penalty of up to 2 years imprisonment.
• Mandatory Forfeiture: Any goods, labels, packaging, or equipment used in committing the offence are automatically forfeited to the Crown upon conviction unless ordered otherwise by the court.

Criminal Code vs. Trademarks Act

While the CCC addresses fraud and deception, commercial-scale counterfeiting and importation are also heavily penalized under s. 51.01 of the Trademarks Act, which allows for fines up to $1,000,000 and up to 5 years imprisonment for commercial trademark violations.