Kousar, Regina v: CACD 21 Jan 2009

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 drugs offences. In this context, of a domestic situation where she had had no direct involvement in the business, knowledge, acquiescence and permission were not enough to satisfy the meaning of ‘control’.

Lord Justice Toulson, Mr Justice McCombe and Mr Justice David Clarke
[2009] EWCA Crim 139, [2009] WLR (D) 16, [2009] 2 Cr App R 5, [2009] Crim LR 610, [2009] PTSR CS31
Bailii, Times, WLRD
Trade Marks Act 1994 92(1)(c)
England and Wales

Crime, Intellectual Property

Updated: 01 November 2021; Ref: scu.291777