Stephen BAYNHAM from Glasgow appeared at Chelmsford Magistrates Court on 22 June 2017 charged with three criminal offences of selling counterfeit Pandora jewellery contrary to Section 92 of The Trademarks Act 1994. He pleaded guilty to all matters and was sentenced to 100 hours Community Service Order.
The case was brought by TM Eye as a private criminal prosecution on behalf of its client Pandora Jewellery.
BAYNHAM operated a large scale business selling fake Pandora jewellery on the auction site E Bay using the name ‘s925 charms’. TM Eye online investigators carried out three separate covert test purchases on 27 January 2017, 24 February 2017 and 2 March 2017. All items were identified as fake. The evidence was used to bring the successful criminal prosecution.
TM Eye Director David McKelvey said,”Baynham operated on Bay selling large numbers of fake charms to unknowing members of the public. He caused financial loss to our client Pandora and damaged the brand. Many of these fake charms have highly toxic and dangerous elements such as lead and nickel that when worn against the skin can cause illness, some are carcinogenic.
TM Eye will always prosecute those who sell fake Pandora jewellery.
Baynham now has a criminal conviction which will be recorded on the Police National Computer (PNC) and he will have his fingerprints photograph and DNA taken. Should he re offend it has been made clear by the court that he risks going directly to prison.”
TM Eye has a 100 % conviction rate in over 300 private criminal prosecutions.
Charmaine Couchman of Orchard Rise West, Sidcup, DA15 8TB, appeared at Bexley Magistrates Court charged with five (5) criminal offences of selling counterfeit goods contrary to section 92 of The Trademarks Act 1994. She pleaded guilty to all matters. She was sentenced to a 12 Month Conditional Discharge.
The case was brought by TM Eye as a private criminal prosecution on behalf of its clients; Beats Electronics, LLC (“Beats”), Mulberry Company (Design) Limited (“Mulberry”) and Louis Vuitton Malletier (“Louis Vuitton”).
Between 14 November 2016 and 7 December 2016, four test purchases were made from Couchman. The purchases were arranged via selling pages on the social media website Facebook, using the group-selling page called “The New Big Bargain Basement” which has over 30,000 members. The fake items were collected from the defendant’s home at Orchard Rise West, Sidcup. The purchases were video recorded and the defendant identified from the relevant footage as selling counterfeit goods.
Criminal summons were issued and served on Couchman by TM Eye leading to the convictions.
TM Eye Director David Mckelvey said,“Couchman operated a substantial criminal enterprise selling fake goods on a ‘closed’ selling page that offered counterfeit goods to over 30,000 members. Our detectives were able to infiltrate the site and carried out covert test purchases. She now has a conviction and if caught again will likely face a prison sentence and asset confiscation proceedings. This is a real deterrent.
Couchman will have her conviction recorded on the Police national Computer (PNC) and her fingerprints, photograph and DNA will be taken.”
TM Eye has undertaken over 300 private criminal prosecutions with a 100% conviction rate.