Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Mr Mitchell Green, for six 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.
There was clear evidence that the Defendant, Mr Green, sold counterfeit goods to undercover operatives which infringed trademarks owned by Mulberry. Furthermore, the defendant had been observed actively engaged in the possession and sale/offering for sale of counterfeit goods in the course of business.
On the 14th January 2015, Mr Green appeared at the Staines Magistrates Court, where he pleaded guilty to all 6 charges. Mr Green was sentenced to six months imprisonment in respect of each offence to run concurrently.
In addition to the above, forfeiture and destruction of the counterfeit items was ordered under s. 97 Trade Marks Act 1994.