Judges: Lord Justice Green Citations: [2019] EWCA Crim 2253 Links: Bailii Statutes: Trade Marks Act 1994 92(1) Jurisdiction: England and Wales Criminal Sentencing, Intellectual Property Updated: 13 October 2022; Ref: scu.647041
The defendants pursued an interlocutory appeal. They were being prosecuted inter alia for the sale of items manufactured elsewhere under trade mark licence, but then imported within the EU. They argued that the criminal offence did not apply since the marks had been correctly applied, even though the sales were not authorised. Held: The appellants’ … Continue reading Regina v M and Others: SC 3 Aug 2017
The court considered the existence of criminal liability under the 1994 Act for those importing from outside the EU and selling within the EU items marked with trade marks but not manufactured by them (counterfeits) or licensed by the trade mark holders, but not for import to the EU. Held: The defendants objections were suggestions … Continue reading Regina v C and Others: CACD 1 Nov 2016
Citations: [2003] EWCA Crim 3110 Links: Bailii Statutes: Trade Marks Act 1994 92(1)(c) Jurisdiction: England and Wales Crime Updated: 03 August 2022; Ref: scu.279858
The defendant had been convicted of offences under the Act, and challenged a direction form the judge that the phrases ‘with a view to’ and ‘with intent to’ meant different things. Held: The judge’s direction was correct. ‘With a view to’ in this context, meant that the offender contemplated some result, without necessarily wanting or … Continue reading Regina v Zaman: CACD 1 Jul 2002
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
Judges: Lord Justice Latham Mr Justice Grigson Sir Edwin Jowitt Citations: [2004] EWCA Crim 2278 Links: Bailii Statutes: Trade Marks Act 1994 92(1) 104(1) Jurisdiction: England and Wales Crime Updated: 24 March 2022; Ref: scu.466414
Judges: Lord Justice Munby and Mr Justice Keith Citations: [2010] EWHC 1304 (Admin) Links: Bailii Statutes: Trade Marks Act 1994 92(1)(c), Copyright, Designs and Patents Act 1988 107(1)(d)(ii) Jurisdiction: England and Wales Intellectual Property, Crime Updated: 02 February 2022; Ref: scu.420408
The husband had been convicted of various criminal offences including under the 1994 Act. The wife appealed against her conviction for unauthorised use of a trade mark, having allowed counterfeit goods to be stored in the matrimonial home. Held: The appeal succeeded. The authorities referred to by the crown were attempts to draw parallels with … Continue reading Kousar, Regina v: CACD 21 Jan 2009
The defendant had been accused of selling counterfeit trainer shoes. The prosecutor appealed against dismissal of the prosecution on the basis that the defenant had not known that they were counterfeit. Held: The onus of proof lay on the defendant to establish on objectively reasonable grounds that these were genuine goods. No reasonable bench could … Continue reading Essex Trading Standards v Singh: Admn 3 Mar 2009
