- In brief: Grey market goods and criminal liability (R v C and others)
- Original news
- What should IP & IT lawyers take note of?
- What was this case about?
- What did the court decide?
IP & IT analysis: The case concerns the provisions within the Trade Marks Act 1994 (TMA 1994) triggering criminal liability which run parallel to the infringement provisions that trigger civil liability. Specifically, the case concerns whether certain authorised uses of the proprietor’s trade mark can fall foul of the provisions and result in criminal liability. The use in question relates to ‘grey market goods’—goods which the defendant was authorised to affix with the mark, but not necessarily to distribute. Joshua Marshall, solicitor at Fieldfisher, considers the case of R v C and others.
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