Kangs Solicitors has recently successfully assisted a London based high street retail company which had received notification from Trading Standards that alleged breaches of the Trade Marks Act 1994 were being investigated.
Tim Thompson of Kangs Solicitors outlines the successful outcome achieved.
The Team at Kangs Solicitors is highly regarded for its work on behalf of clients concerning criminal investigations of every nature including those being conducted by Trading Standards.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
The Allegations | Kangs Trading Standards Defence Solicitors
Following attendance by Trading Standards Officers at our client company’s premises, when covert test purchases on various items were conducted, subsequent investigations revealed that certain items displayed a marketing sign similar or identical to an existing registered trade mark.
Notice was served on our client company maintaining Section 92 of the Trade Marks Act 1994 had been infringed by the use of a sign likely to be mistaken for a registered trade mark.
The Relevant Law | Kangs Trademark Infringement Solicitors
The Trade Marks Act 1994 states at Section 92:
‘Unauthorised use of trade mark.’
(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
(a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or
(b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or
(c) has in his 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 under paragraph (b).’
How We Assisted Our Client | Kangs Trading Offences Solicitors
In preparation for a formal interview under caution, which Trading Standards had requested the Team at Kangs Solicitors:
- attended our client taking instructions upon the allegations and advising upon our client’s position and the appropriate course to adopt in order to protect the company’s position as far as possible,
- obtained and examined detailed Pre-Interview Disclosure of material relied upon by Trading Standards,
- attended our client on further occasions discussing the material examined, the manner in which the matters complained of had arisen, and the potential exposure to criminal and civil liability which existed.
The Satisfactory Conclusion | Kangs Trading Standards Solicitors
- Prior to accompanying our client to the interview, we discussed the situation with Trading Standards in detail and advanced persuasive arguments in the pursuit of the best possible conclusion to the predicament faced by our client.
- Trading Standards agreed that provided our client gave a full and frank interview, a written Undertaking from our client pursuant to Part 8 of the Enterprise Act 2002 would be accepted.
- Accordingly, the matter was resolved by the detailed interview and the signing of the Undertaking which binds the company not to infringe the law.
Settlement in this manner delighted our client as, not only was the issue resolved and he was released from the worry of further action but an Undertaking of the nature given is not recorded as a criminal offence on any record.
How Can We Help You? | Kangs National Criminal Defence Solicitors
The Team at Kangs Solicitors defends clients in all aspects of the criminal and civil law on a daily basis including Investigations and Prosecutions brought by regulatory bodies such as Trading Standards, Environment Agency, Health and Safety Executive and HMRC.
Our team is led by Hamraj Kang who is recognised as a leading expert in criminal and financial investigations by both legal directories Chambers & Partners and the Legal 500.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
Please do not hesitate to contact any of the following who will be happy to discuss matters with you: