Wais Navaei (born 02 10 1972) of Cotton Avenue, Acton, London, W6 appeared at Ealing Magistrates Court on 29 April 2019, charged with four offences of selling counterfeit goods and possessing counterfeit goods for sale contrary to Section 92 of The Trademarks Act 1994. He pleaded guilty to all matters. He was sentenced to a 12 Month Community Order with a requirement to do 60 hours Unpaid Work. A Victims Surcharge of £85 was also imposed.
The case was brought by TM Eye as a private criminal prosecution on behalf of its clients Mulberry, Jimmy Choo and another well known luxury brand.
Navaei operated a large stall in Bovingdon market, Hertfordshire from which he openly sold large amounts of fake leather goods and clothing from a wide variety of well known luxury brands including Michael Kors, Miu Miu, Gucci, D&G, Chanel and many others. No action was taken in relation to these brands.
Detectives from TM Eye’s Dedicated Undercover Unit supported by its surveillance team attended Bovingdon market on the 26th January 2019, the 2nd February 2019 and 9th February 2019. On each occasion the contents of the stall were covertly filmed and a test purchase of fake goods undertaken. This evidence led to the prosecution and conviction.
TM EYE had previously prosecuted Wais NAVAEI for three trademark offences in relation to evidential test purchases conducted from him in June 2018 (TM EYE Operation 1805). NAVAEI had appeared at St Albans Magistrates Court on the 29th August 2018, where he pleaded guilty to the trademark offences and was sentenced to a £325 fine, £35 victim surcharge and £100 costs order.
TM Eye Director David Mckelvey said,”Wais Navaei is a repeat offender who ignored the fact that he had been prosecuted and convicted in 2018 of similar offences. The sentence of the court at that time was clearly no deterrent and he continued to offend. The criminal profits involved in the sale of fake goods are significant and criminals simply see fines as a tax.
Despite this TM Eye identified him involved in the same criminality, evidenced his offending and prosecuted him again.
Should he re offend then we would hope that the court will impose a custodial sentence.
The courts need to understand the seriousness of these crimes. These fake goods are manufactured in the Far East in factories that employ child and slave labour in appalling conditions. The goods are smuggled into the UK by organised criminals and find their way to markets such as Bovingdon where they are sold to the public. Those involved in the criminal process pay no tax and are often on benefits. The proceeds fund terrorism and violent crime. The damage done to brands is significant and results in lost jobs and economic damage. These criminals carry out this criminality as they see little risk and large rewards. The courts need to be more robust in their sentencing”
Navaei will again have his DNA, fingerprints and photograph taken and the conviction will be recorded on the Police National Computer (PNC).