section 411


It is illegal to sell, advertise or possess for sale goods that have been reconditioned or remade and falsely bear the trade-mark or trade-name of another person without disclosing their condition.


411 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.


Section 411 of the Criminal Code of Canada deals with the offence of selling or advertising goods that have been used, reconditioned or remade and that bear the trademark or trade-name of another person without disclosing that fact to the buyer. The law seeks to protect consumers from the deception of businesses who sell such goods as brand new or original products. The section applies to all types of goods, whether they are clothing, electronics, vehicles, or any other product that bears a trademark or trade-name of another person. It is important to note that the section only applies when the goods have been reconditioned, rebuilt or remade for sale and are no longer in their original condition. The penalty for committing this offence is severe, as a person found guilty of this offence can be imprisoned for up to two years, or fined, or both. In addition, the goods in question may also be seized and forfeited to the Crown. To avoid committing an offence under this section, businesses must ensure that they make full disclosure to potential buyers that they are selling used or reconditioned goods. This can be done by providing clear and conspicuous disclosures on the product packaging, posting notices in the store or on the website where the goods are being sold, or by informing buyers verbally. This disclosure must be made in a way that is easily noticeable and understandable to the average consumer. In conclusion, Section 411 of the Criminal Code of Canada seeks to protect consumers by prohibiting the sale or advertising of used, reconditioned, or remade goods that bear the trademark or trade-name of another person without full disclosure to the buyer. This law emphasizes the importance of transparency in business practices and ensures that consumers get what they pay for.


Section 411 of the Criminal Code of Canada states that it is illegal to sell, expose, or advertise goods that have been used, reconditioned, or remade while bearing the trade-mark or trade-name of another person without full disclosure. This means that any person caught committing this offense is liable to a criminal conviction and punishment under the law. The provision is an important part of the Canadian legal system because it helps to protect the original manufacturers and suppliers of goods from fraudulent, counterfeit, or substandard products that could hurt their business. By requiring businesses to disclose that their products have been reconditioned, rebuilt, or remade, Section 411 helps protect the consumer by giving them the information they need to make an informed decision before purchasing the product. The law was introduced to ensure that businesses cannot take credit for the work of others by using their trademark or trade-name and imply that they have made the product themselves. The law ensures that businesses can only use their own trademark or trade-name and that customers are aware of the history of the product before making a purchase. The purpose of Section 411 is to create a level playing field wherein all businesses can compete on equal terms without infringing on other entities' intellectual property rights. By doing so, it promotes fair competition, transparency, and consumer welfare. The practice of selling inferior products that have been reconditioned or remade without disclosure not only harms the original manufacturer but also endangers the consumer who unknowingly purchases the unfit product. Another essential aspect of Section 411 is that it assures customers of the quality and authenticity of the products they are purchasing. With the law's enforcement, consumers can be confident knowing that they are buying what they think they are getting, and businesses cannot get away with low-quality products or outright fraud. Although the law sounds straightforward, enforcing it can be difficult. Determining whether a product has been reconditioned, rebuilt, or remade is not always easy, and some companies try to circumvent it by using similar-sounding names or logos to existing products. Therefore, the law, in collaboration with other relevant legislation, must be drafted clearly and practice-orientated to be practically enforceable. Nonetheless, the significance of Section 411 cannot be overstated. By prohibiting the sale of misleadingly branded products, the law ensures the integrity of the marketplace. By requiring companies to disclose essential information about their products, it protects consumers from fraudulent sales. It is a necessary law, and all Canadians who are engaged in trade or commerce must adhere to its provisions. In conclusion, Section 411 of the Criminal Code of Canada is fundamental. It protects both the original manufacturers and the consumers from fraud, promotes fair competition, and ensures that businesses can only use their trademarks and trade-names for their products. The legislation must continue to be enforced and adhered to so that Canadians can continue to enjoy quality, authentic products without being subjected to inaccurate branding or fraudulent acts.


Section 411 of the Criminal Code of Canada is an integral piece of legislation that prohibits the sale of goods that have been remade, reconditioned or rebuilt and retains the trademark and/or trade name of another person, without disclosing this information to potential buyers. As a seller, it is essential to consider some strategic factors and adopt some effective strategies to avoid falling afoul of this section and possible legal consequences. One of the most critical strategic considerations to keep in mind is the impact on a company's reputation. Infringing on the intellectual property rights of another could severely damage a company's reputation. A company caught breaching section 411 would be perceived as unscrupulous and be seen as lacking credible business ethics. As such, it is essential to prioritize integrity, transparency, and accountability in any business decision made to prevent any infringement. Another strategic consideration is the risk of legal action by the trademark owner. Businesses need to navigate the labyrinth of trademark laws when remaking, reconstructing, or rebuilding products in Canada. Failure to comply with the relevant trademark laws could expose a business to significant legal battles with the trademark owner, resulting in significant financial and reputational damage. It is thus imperative to seek proper legal advice to cultivate a deep understanding of the laws guiding the trademark before engaging in any business activity that involves the remanufacturing, reconditioning, or rebuilding of any product. The most effective strategy to avoid violating section 411 is full disclosure. To avoid falling foul of the law's provisions, businesses must Not sell, advertise, or have in their possession any product that bears another person's trademark or trade name without disclosing that the products have been remade, reconditioned, or rebuilt. Full disclosure is essential not only as a strategic legal compliance technique but also to safeguard the company's reputation by cultivating customer trust. Transparency and honesty are critical core business values that must reflect in all business activities, and these values must inform the disclosure process. In conclusion, compliance with section 411 of the Criminal Code of Canada is essential for businesses that engage in the remaking, reconditioning, and rebuilding of any product. Full disclosure of the origin and current state of the product eliminates the risk of possible legal consequences. Businesses must ensure they adopt strategies that prioritize adhering to trademark laws, protect their reputation, and foster transparency in all business dealings. Adopting these strategic considerations and employing these strategies will go a long way in protecting businesses from legal and reputational risks posed by section 411 of the Criminal Code.