| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 104 (Jun) |
| Court: | Queen's Bench Division (Divisional Court) |
| Judge: | Latham LJ, McCombe and Dobbs JJ |
| Representation | Louisa Bagley (instructed by Tony Kershaw, Chichester) for the prosecution. |
| Rebecca Austin (instructed by Edward Hayes, Chichester) for the defendant. | |
| Judgment Dates: | 13 June 2006 |
Catchwords
Trade mark - Infringement - Unauthorised use of registered trade mark - Criminal offence - Defence - Defendant offering counterfeit clothing for sale - Defendant alleging he had reasonable grounds to believe use of trade mark not an infringement - Whether defence made out - , s 92.
The Case
A market trader who purchased designer goods at low prices from an unknown person without taking any steps to establish whether the goods were counterfeit could not begin to discharge the burden of proof imposed by the statutory defence contained in s92(5) of the . It was not sufficient to say that he had observed others buying from the trader or that he was new to the trade.
Practice Areas
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