R v C & Ors

R v C & Ors

Section 92(1)(b) of the Trade Marks Act 1994 applies to goods bearing a registered trade mark applied with the proprietor's consent but sold or distributed without consent; criminal liability is not limited to counterfeit goods but extends to grey goods.

Parties
Respondent: R; Appellant: C; Appellant: T; Appellant: M; Appellant: J
Jurisdiction
England and Wales
Judgment Date
01 November 2016
Procedural Posture
Criminal Appeal / Appeal From Preparatory Hearing Decision
Outcome
Appeal dismissed
Legal Topics
Trade Mark Offences, Interpretation of Trade Marks Act 1994 S.92, Grey Goods Vs Counterfeit Goods, Criminal Liability for Trade Mark Infringement
Intellectual Property Criminal Law Trade Mark Offences Interpretation of Trade Marks Act 1994 S.92 Grey Goods Vs Counterfeit Goods Criminal Liability for Trade Mark Infringement

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Parties

R

Respondent

C

Appellant

T

Appellant

M

Appellant

J

Appellant

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Decision

Legal Issues

  1. 1 Whether criminal liability under s.92(1)(b) Trade Marks Act 1994 applies to goods bearing a registered trade mark applied with proprietor's consent but sold/distributed without consent
  2. 2 Whether s.92 is limited to counterfeit goods or extends to grey goods

Ratio Decidendi

Section 92(1)(b) of the Trade Marks Act 1994 applies to goods bearing a registered trade mark applied with the proprietor's consent but sold or distributed without consent; criminal liability is not limited to counterfeit goods but extends to grey goods.

Court Disposition

Appeal dismissed