Mohammad Sharif Malikzae appeared at Highbury Corner Magistrates Court on 23rd September 2018, charged with three offences of selling counterfeit goods contrary to Section 92 of The Trademarks Act 1994. He pleaded guilty to all matters and was sentenced to a 12-month community order to include 200 hours unpaid work. He was also ordered to pay £200.00 costs and a £85 victims surcharge.
The case was brought by TM Eye as a private criminal prosecution on behalf of one of its luxury goods clients.
Malikzae operated from a shop premises located at 222 Camden High Street, London, NW1, selling fake goods for brands including Michael Kors, Gucci, Stone Island, Chanel and many others. These other brands were not subject to any enforcement action by TM Eye.
TM Eye undercover detectives supported by their surveillance team undertook covertly filmed test purchases on 3 July 2018, 10th July 2018 and 25th July 2018. Having gathered sufficient evidence, a criminal summons was then applied for, issued and served leading to the prosecution and conviction. Malikzae now has a criminal conviction recorded on the Police National Computer.
Malikzae had previously been convicted by TM Eye of three (3) offences of selling counterfeit goods on 23 August 2017 (Operation 1597). He was sentenced to 12-month community order to include 160 hours unpaid workand a £35 victims surcharge.
TM Eye Director David McKelvey said,“MALIKZAE is a criminal who was only recently convicted by TM Eye. Despite this he continued to trade in fake goods trying to avoid those protected by TM Eye. Unfortunately he sold fake goods that impacted on another client of TM Eye and we prosecuted him again. Should he re offend he will likely receive a custodial sentence.
Traders in and around Camden, as well as many of the most prolific markets, are now avoiding selling counterfeit goods for brands that TM Eye protects and choose to sell fake goods for other brands who are less robust in their enforcement of the crime. This is a shame as we now regularly see criminals that we have previously prosecuted such as MALIKZAE selling counterfeit goods but TM Eye are unable to take action. Where someone does sell fake goods of one of TM Eye’s clients we will immediately take enforcement action against them to prevent and deter offending.
The use of private criminal prosecutions has been the most successful tactic in tackling offending and to bring those involved to justice.”
TM Eye has prosecuted over 400 criminal cases as a private prosecutor and has a 100% conviction rate.