R v C and others

Criminal law – Trade mark. The Court of Appeal, Criminal Division, in determining the circumstances in which persons might be liable to prosecution for trade mark offences under s 92(1)(b) of the Trade Marks Act 1994, rejected the defendants' submission that, properly interpreted, s 92(1)(b) of the Act applied only to goods which bore a sign, identical to or likely to be mistaken for a registered trade mark, which had been applied without the consent of the proprietor. The court held that the section also encompassed instances related to goods where the relevant sign, identical to or likely to be mistaken for a registered trade mark, had been applied with the consent of the proprietor but where the subsequent sale by the factories had not. Accordingly, the defendants' appeal against a ruling made at a preparatory hearing would be dismissed.

Category: