TM EYE Ltd V Julie Tian

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Ms Julie Tian, for five offences of selling and possession of goods with a sign or the packaging of which bore a sign identical to or likely to be mistaken for a registered trade mark contrary to s.92 of the Trade Marks Act 1994.

The Defendant, Ms Tian, was involved in an organised operation selling counterfeit goods, including those infringing the trademarks of Louis Vuitton. It is clear from the evidence that the Defendant played an active role in this operation and that she was well aware that the goods she was selling infringed registered trademarks.

On the 5th March 2015, Ms Tian appeared at the Ealing Magistrates Court, where she pleaded guilty to 4 charges as the 5th charge was withdrawn by Counsel. Ms Tian was subsequently sentenced to a £92 fine and a victim surcharge was imposed.

In addition to the above, forfeiture and destruction of the counterfeit items was ordered under s. 97 Trade Marks Act 1994.