Kangs Solicitors has recently defended a client, a trader, accused of offering handbags for sale in breach of the Trade Marks Act 1994 (‘the Act’).
The Circumstances | Kangs Trading Standards Solicitors
- Trading Standards Officers seized a quantity of handbags from our client’s business premises.
- It was alleged that these handbags displayed designer signs or labels which were not appropriate.
The Relevant Law | Kangs Criminal Defence Solicitors
Under Section 92 (1) of the Act an offence is committed by a person who:
With a view to gain for himself or another, or with intent to cause loss to another and without the consent of the owner of the trade mark
- applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark or
- sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging contains such a sign or
- has in their possession, custody or control in the course of a business any such goods with a view to the doing of anything by himself or another, which would be an offence.
Potential Defences | Kangs Trademark Offences Defence Team
Whilst an offence is committed if the trade mark has a reputation in the United Kingdom and the use of the trade mark takes or would take unfair advantage of, or is or would be detrimental to, the distinctive character or the repute of the trade mark:
- an offence is not committed if the trade mark is not registered
- it is a defence for a person to show reasonable belief that the use of the sign in the manner in which it was used was not an infringement of the registered trade mark.
How We Assisted Our Client | Kangs Trading Standards Solicitors
The team at Kangs Solicitors:
- took detailed instructions from our client,
- advised him upon his position generally and upon the appropriate course to follow,
- advised upon the nature and effect of the interview under caution which he faced and that in his circumstances he should not answer the questions presented to him but should elect to ‘no comment’.
- attended with our client at his interview.
The Successful Outcome | Trading Standards Investigation Solicitors
Following interview, the Kangs Team successfully negotiated that the matter be settled by way of a caution.
- Had he been convicted, our client could have received a maximum sentence of imprisonment of six months and/or a fine if tried at the Magistrates’ Court, or ten years and/or a fine if tried at the Crown Court.
How Can We Help? | Kangs Trading Standards Defence Solicitors
It will be evident from the severity of the penalties available upon conviction that it is important to be properly represented from the outset.
The Trading Standards Team at Kangs Solicitors has a wealth of experience in dealing with Regulatory matters on a daily basis.
We offer an initial no obligation consultation at our offices in London, Birmingham and Manchester as well as initial consultations by telephone and video conferencing.
Should you require assistance please do not hesitate to contact any of the Team: