Source: All England Reporter
Publisher Citation: [2017] All ER (D) 20 (Aug)
Neutral Citation: [2017] UKSC 58
Court: Supreme Court

Lord Neuberger P, Lord Mance, Lord Sumption, Lord Hughes and Lord Hodge SCJJ

Representation Henry Blaxland QC  and Edward Henry (instructed by Stokoe Partnership Solicitors) for M.
  Michael Bromley Martin QC and Simon Baker (instructed by Stokoe Partnership Solicitors) for C and T.
  Julian Christopher QC, Brian Nicholson and Joel Smith (instructed by CPS Specialist Fraud Division) for the Crown.
Judgment Dates: 3 August 2017


Trade mark - Unauthorised use of registered trade mark - Criminal offence

The Case

Trade mark Unauthorised use of registered trade mark. On the true construction of s92(1) of the signs (or trade marks) which had been applied to goods for which there had originally been an authorisation of manufacture by the registered trade mark holder, but whose sale had not been authorised by him, fell squarely within the description in s92(1)(b) of the Act. Accordingly, the Supreme Court dismissed the appellants' appeal against the decision of the Court of Appeal, Criminal Division, that the appellants had been properly indicted for, among other things, offences of unauthorised use of trade marks, contrary to s92(1)(b) and (c) of that Act.

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