Category Archives: TM Eye

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Private Criminal Prosecutions

On 17 September 2013, Kashmir SINGH of Whitehall Road, Bristol appeared at Bristol Magistrates Court charged with criminal allegations under The Trademarks Act 1994. He pleaded guilty to 6 (six) offences. The case was brought by TM EYE as a private criminal prosecution, at no cost, on behalf of PANDORA JEWELLERY.

The Court noted that the selling of goods with a registered trademark that are fake is a very serious offence.

The Court sentenced sentenced Mr Singh as follows:

12 week Community Order with a condition of a 12 week curfew between hours of 8pm and 8am.
Fine of £200
Victim Surcharge of £60

The case follows a tasking by The Enforcement Sub Committee of the National Markets Group to tackle the open sale of fake goods at Bristol Fruit Market, Albert Crescent, Bristol.

Working in partnership with the Intellectual Property Office Intelligence Hub and other agencies TM EYE detectives carried out a series of covert test purchases from a stall operated and run by SINGH in the market. His stall openly displayed and sold counterfeit jewellery and leather goods from brands including ARMANI. The convictions today were based upon the evidence gathered by TM EYE and subsequent covert surveillance and enquiries.

TM EYE Director David McKelvey said,”This is an excellent example of partnership working. The Enforcement Sub Group of The National markets Group (NMG), part of the REAL DEAL campaign had received intelligence relating to the open sale of fake goods at Bristol Fruit Market. Various options were considered and attempted to reduce offending. As a result a series of test purchases were made and evidence gathered of organised criminality taking place. The conviction today sends a strong message from the courts that selling fake goods is a serious crime and will not be tolerated.

The NMG is now focussing on operational activity at offending markets to reduce criminality and the sale of fake goods. Those who continue to engage is such crimes should be aware that they now risk convictions in the criminal courts and potentially the loss of their criminal proceeds through the use of the Proceeds of Crime Act.

TM EYE working in partnership and as part of the NMG will ‘catch and convict’ any person (s) who sell fake PANDORA jewellery or other counterfeit items.”

The Enforcement Sub Committee of the NMG consists of experts from Industry, Trading Standards, Police, Intellectual Property Office, Dept of Works and Pensions, Customs and Excise, professional lawyers and other enforcement agencies. They work together in partnership to achieve sustainable results in tackling offending at markets.

Further criminal Trademark cases are now within the court system in relation to Bristol Fruit Market.

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A market trader from Kingston, Gurcharan SAJDEVA, appeared at Highbury Corner Magistrates Court on 12 September 2013, charged with 11 (eleven) Trademark Offences relating to the possession and sale of counterfeit watches and leather goods at Camden Market, Camden, London.

 

He pleaded guilty to 3 (three) matters and elected for trial for the remaining offences. The case will be heard on 18 December 2013 at Tottenham Magistrates Court at 2pm.

 

The case was brought by TM EYE as a private criminal prosecution on behalf of clients RICHEMONT (CARTIER) and LOUIS VUITTON.