IP analysis: The Court of Appeal has dismissed an appeal against a judgment of the Crown Court in which an individual was given a suspended sentence for counts of conspiracy relating to the unauthorised use of a trade mark in relation to goods pursuant to section 92(1) of the Trade Marks Act 1994 (TMA 1994). The appellant argued that the offence did not pass the custody threshold and that the sentence should be quashed as wrong in principle. The Court of Appeal held that the custody threshold could be passed in cases such as this and that the Crown Court had not erred in passing the sentence or in imposing a five-year disqualification on the appellant from acting as a company director.
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