||All England Reporter
|| All ER (D) 104 (Jun)
||Queen's Bench Division (Divisional Court)
Latham LJ, McCombe and Dobbs JJ
||Louisa Bagley (instructed by Tony Kershaw, Chichester) for the prosecution.
||Rebecca Austin (instructed by Edward Hayes, Chichester) for the defendant.
||13 June 2006
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.
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary