TM EYE v Zoe Raven – Counterfeit Goods – Private Prosecution (2014)

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the defendant, Ms Zoe Raven, for seven offences contrary to section 92 Trademarks Act 1994.

The allegations in this case related to a number of test purchase operations carried out via the social networking site, Facebook. It was clear to the prosecution that the defendant, Ms Raven, ran a well established and organised operation selling counterfeit goods in the course of a business via a Facebook profile. It is clear from the evidence that Ms Raven was well aware that the goods she was selling infringed registered trade marks.

The Facebook account was observed to continually advertise a large number of counterfeit goods for sale, bearing brand names such as Ralph Lauren, Links of London, Jimmy Choo, Mulberry and Pandora. In particular, it was noted that some 2,852 pictures had been uploaded to this Facebook account, each advertising an item for sale.

Ms Raven appeared at the Barkingside Magistrates’ Court on the 16th October 2014, and pleaded guilty.  After substantial mitigation, Ms Raven was sentenced to a £200 fine and a victim surcharge was imposed.  .

Forfeiture and destruction of the counterfeit items was ordered under s. 97 Trade Marks Act 1994.