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Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering): CACD 20 Nov 2002

The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof. Held: The principle that the duty of proof lay on the prosecution was subject to statutory exceptions. To place a legal (persuasive) burden of proof on the defendant … Continue reading Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering): CACD 20 Nov 2002

West Sussex County Council, Regina (on the Application of) v Kahraman: Admn 13 Jun 2006

The complainant appealed dismissal of charges against the respondent of displaying for sale goods bearing marks identical to registered trade marks. The defendant asserted that he had reasonable grounds for belief that the goods were not counterfeit having cecked with market officials and a VAT inspector. The magistrates had acted on the basis that the … Continue reading West Sussex County Council, Regina (on the Application of) v Kahraman: Admn 13 Jun 2006

Regina v McCrudden: CACD 2005

Laws LJ: ‘Section 92(5) affords a positive and specific defence as to the use of the trade mark by the defendant. It does not provide a general defence of good faith … It seems to us that the provisions contained in section 92 have been devised to constitute a rigorous statutory code, involving offences initially … Continue reading Regina v McCrudden: CACD 2005

Torbay Council v Singh: Admn 10 Jun 1999

The court was asked if the section 92(5) defence applied where the defendant does not know of the existence of the registered trade mark in question. Held: The defence is not available in such a case. The court noted that section 92(5) speaks of a reasonable belief that the ‘manner’ of use of the sign … Continue reading Torbay Council v Singh: Admn 10 Jun 1999

Regina v Rhodes: CACD 2002

Andrew Smith J: ‘No doubt in many cases the fact that a trader could ascertain whether a trade mark was registered by searching the register will make it extremely difficult to establish a belief involving ignorance of a registered mark is held on ‘on reasonable grounds’.’ Judges: Kay LJ and Andrew Smith J Citations: [2003] … Continue reading Regina v Rhodes: CACD 2002

Regina v Keane: CACD 2001

Citations: [2001] FSR 63 Statutes: Trade Marks Act 1994 92 Jurisdiction: England and Wales Citing: Applied – Torbay Council v Singh Admn 10-Jun-1999 The court was asked if the section 92(5) defence applied where the defendant does not know of the existence of the registered trade mark in question. Held: The defence is not available … Continue reading Regina v Keane: CACD 2001

Regina v Johnstone: HL 22 May 2003

The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003