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] FSR 147, [2002] EWCA 1390
Statutes:
Jurisdiction:
England and Wales
Citing:
Doubted – Regina v Keane CACD 2001
. .
Doubted – 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 . .
Cited by:
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Crime
Updated: 06 May 2022; Ref: scu.182487