TM EYE v Natalie Purcell Smitheman

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Ms Natalie Purcell Smitheman, 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.

There was clear evidence that the Defendant, Ms Smitheman, sold counterfeit goods to undercover operatives which infringed trademarks owned by Mulberry. Furthermore, there was evidence to support the allegation that the Defendant ran a well established and organised operation selling counterfeit goods via her Facebook page, and that she was well aware that the goods she was selling infringed registered trade marks.

On the 11th June 2015, Ms Purcell Smitheman appeared at the Sheffield Magistrates Court, where she pleaded guilty to all 4 charges. She received a 12 month conditional discharge, as well as a £15 victim surcharge.