Case details

R v M (Appellant)

Reporting restrictions

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Case ID: UKSC 2017/0006

Case summary

Issue

Can a criminal offence be committed under s.92(1)(b) or (c) of the Trade Marks Act 1994 (selling, offering for sale or distribution/possession with a view) where the proprietor of the registered trade mark has given its consent to the application of the sign which is its registered trade mark or has itself applied its own registered trade mark to the goods, but has not given its consent to the sale, distribution or possession of them?

Facts

The appellants are to face trial in respect of an allegation that they have been involved in unlawfully selling various kinds of branded goods. Some of the goods which are the subject of the prosecution case are those which, if the allegation is correct, would typically be thought of as fake or counterfeit goods: they were not manufactured either by the trade mark proprietor itself or by factories authorised by the trade mark proprietor. But in addition, a significant quantity of the goods in question were said to have been manufactured by factories which had been authorised by the trade mark proprietor but which thereafter were sold without the proprietor's consent. Such goods are sometimes described as "grey" goods. The appellants argued in the course of a preparatory hearing that they could not be guilty of a criminal offence under s.92(1)(b) or (c) of the Trade Marks Act 1994 as they did not deal in the grey goods without the consent of the proprietor. The judge ruled in favour of the prosecution. On appeal by the appellants, the Court of Appeal upheld the trial judge's ruling.

Judgment appealed

[2016] EWCA Crim 1617

Parties

Appellant

JM

Respondent

Regina

Appeal

Justices

Lord Neuberger, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge

Hearing start date

19 Jun 2017

Hearing finish date

19 Jun 2017

Watch hearing
19 Jun 2017 Morning session