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 of strict liability, for the plain policy reason that there is a very considerable public importance in preventing the trade in counterfeit goods.’


Laws LJ


[2005] EWCA Crim 466


Trade Marks Act 1994 92(5)


England and Wales

Cited by:

CitedWest 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 . .
Lists of cited by and citing cases may be incomplete.

Crime, Intellectual Property

Updated: 17 May 2022; Ref: scu.243318