TM EYE v Kulwant Kaur

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Ms Kulwant Kaur, for four 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.

Test items purchased from the Defendant by Undercover Operatives for TM Eye Ltd had been confirmed to be counterfeit and to infringe trade marks owned by SuperDry. This company loses a significant amount of revenue as a result of the production and sale of counterfeit goods, such as those purchased from the defendant in this case.

On the 15th October 2015, Ms Kaur appeared at the Thames Magistrates Court, where she pleaded guilty to all 4 charges.