R (on the application of Drain) v Birmingham Crown Court (Department for Business, Energy and Industrial Strategy intervening)

Trade mark – Infringement. Section 97(3) of the Trade Marks Act 1994 did not oblige the court to order forfeiture of counterfeit goods; if it was satisfied that an offence had been committed in relation to goods, the court might make an order, but was not required to do so. The Divisional Court, in dismissing the claimant's application for judicial review of the defendant court's forfeiture order, further held that there was nothing disproportionate in the judge having exercised jurisdiction and the claimant's acquittal of unauthorised use of trade mark did not advance his case.

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