Trademark/Counterfeit Goods Defence Solicitors
If you or your business are the subjects of a Trading Standards investigation or prosecution, our specialist solicitors can help. We can provide the expert advice, assistance and representation you or your business needs concerning possible trademark breaches, counterfeit goods or the unauthorised copying of registered designs.
We understand how disruptive such an investigation can be, both personally and professionally. Our respected solicitors are highly qualified and vastly experienced in cases of this type and can help you to robustly defend against any allegations. We have been at the forefront of defending charges of trademark breaches, fraud and counterfeiting for many years. Our team is recognised as Top Tier for its criminal defence services in both the Legal 500 and Chambers and Partners and has a track record of success in defending clients accused of related offences.
To speak to JMW about defending against an investigation into a matter concerning counterfeit goods, contact us today. Call us on 0345 872 6666 or complete our online enquiry form and we will call you back at a convenient time.
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How JMW Can Help
The team at JMW can provide assistance to businesses of all sizes in relation to all matters concerning trademark offence, counterfeit goods or unauthorised copying. We have extensive expertise in handling cases where individuals and businesses have been accused of buying or selling a wide variety of goods in breach of trademark or intellectual property rights. The cases have included items such as:
- Designer goods and clothing
- DVDs
- CDs
- Perfumes
- Accessories
- Pharmaceuticals
- Electrical items
- PPE
- Chemicals
- Machinery
- Aircraft parts and munitions
If you have been accused of selling, handling, possessing or marketing counterfeit goods, or those that breach the registered proprietor’s trademark, we can help.
Over the years, our solicitors have seen an increase in these types of cases due to the rising popularity of internet auction sites to buy and sell goods, and we have always been at the forefront of legal developments in this area. We have represented businesses and individuals who have imported what they believed to be genuine products in good faith only to later discover they were fake, leaving them facing criminal charges.
We can provide services ranging from police station representation, through any legal proceedings or court hearings, to the appeals process. As well as providing advice and representation in relation to Trading Standards investigations into trademark breaches and counterfeit items, we can also assist if investigations and prosecutions are commenced by various other regulatory bodies, including but not restricted to:
- HM Revenue and Customs (HMRC)
- Department for Work and Pensions (DWP)
- Financial Conduct Authority (FCA)
- National Crime Agency (NCA)
- Serious Fraud Office (SFO)
- Crown Prosecution Service (CPS)
Our solicitors' experience and in-depth knowledge of the law surrounding Trading Standards investigations into trademarks and counterfeit goods means we are able to start building a proactive defence very early into the investigation to safeguard your or your business’s interests.
Why Choose JMW?
We are highly experienced in providing expert advice and representation for all types of trademark and counterfeit investigations and proceedings. The team understands the counterfeit goods market and know that individuals or businesses can become involved in it without being aware, in which case, it is imperative to seek legal assistance to prevent action from being taken against you or your business.
Our solicitors work closely with our dedicated intellectual property department in cases of counterfeiting, to bring years of added experience and knowledge and boost the success of our cases.
A Trading Standards investigation and penalties arising from it can be very serious. It is, therefore, vital that you have the right people in your corner should you face such charges. We are known for our professionalism and ability to get the right results in even the most complex cases, such as those involving allegations of fraud, trademark breaches and counterfeit items.
What Happens if I Face a Trading Standards Investigation?
If you are facing a Trading Standards investigation regarding the buying or selling of counterfeit goods, it is important to secure early legal representation to protect yourself or your business, and our specialist team can help by:
- Preventing, where possible, investigations escalating to civil or criminal proceedings by providing practical advice and negotiating early outcomes with the regulator/prosecutor
- Attending interviews or meeting where you or your business is being challenged to represent your interests and ensure the interview is conducted in a fair manner
- Preparing written statements on your behalf
- Defending you throughout the investigative stage
- Seeking to avoid prosecution by negotiating with regulators on your behalf to find a flexible solution that is best for your business
Where prosecutions have already commenced, we have extensive experience in defending Magistrates’ and Crown Court proceedings. You can find out more about the process in our guide to the criminal justice system.
FAQs about Counterfeit Goods Defence
- Is it illegal to sell counterfeit goods?
The sale, production, or distribution of counterfeit goods is a criminal offence in the UK under several different laws. The Trade Marks Act 1994 makes it illegal to use a registered trademark without permission, and this includes selling goods that bear a fake or unauthorised trademark. Using a mark that bears a close resemblance to a registered trademark is also considered to infringe on the intellectual property rights of the trademark owner.
The Copyright, Designs and Patents Act 1988 further protects intellectual property, and selling counterfeit items that infringe on copyrights or patents is punishable under this act. Meanwhile, misleading practices (including selling counterfeit goods that falsely represent themselves as genuine) are prohibited under the Consumer Protection from Unfair Trading Regulations 2008. This may also be considered a type of fraud under the Fraud Act 2006, if selling the counterfeit items involves making a false representation to deceive consumers.
At the same time, it is often possible to mount a defence if you did not know that goods were counterfeit. The team at JMW can offer expert legal representation if you are placed under investigation or accused of selling fake goods.
- What does 'counterfeit goods' mean in a legal context?
Legally "counterfeit goods" are products that were made to imitate or copy another. These goods are intended to deceive consumers into believing they are purchasing genuine items, often to take advantage of the reputation and value associated with the original brand.
As such, counterfeit goods often bear a logo, brand name, or other identifying marks that are identical or substantially indistinguishable from those of a genuine product. The design, packaging, and overall appearance of counterfeit goods may also carefully imitate the original product. All of these brand elements may be subject to intellectual property protections including trademarks and copyright. However, in many cases it is illegal to imitate these brand elements without permission from the original brand or intellectual property owner, even if they are not registered as trademarks or patents.
The primary intent behind counterfeit goods is to deceive consumers into purchasing what they believe to be authentic products. Common examples that the JMW team has encountered include:
- Pirate copies of CDs, DVDs and other media products, which are in violation of copyright law.
- Fake pharmaceuticals and PPE, which break trademark and patent laws, and which may be in violation of other consumer protection laws if they pose a risk to health.
- Fake designer goods, accessories and perfumes that violate trademark law.
Because of the intent to deceive customers, selling counterfeit products can be associated with a range of civil and criminal offences, including fraud, as well as intellectual property infringement.
- What are the penalties for selling counterfeit goods?
The penalties for selling counterfeit goods can be severe, as the related offences are serious. If you are convicted, your sentence will depend on everything from the counterfeit item you are accused of selling to your cooperation with the investigation.
The courts can impose significant fines on individuals or businesses found guilty of selling counterfeit goods. The amount of the fine will depend on the scale of the offence and the profits made from the illegal activity. A criminal conviction can also result in imprisonment, including a maximum sentence of 10 years in prison under the Trade Marks Act 1994.
Under the Proceeds of Crime Act 2002, authorities in England and Wales can confiscate the assets (along with profits) obtained through the sale of counterfeit goods, and the court will usually order the destruction of counterfeit goods to keep them out of circulation.
Businesses involved in selling counterfeit goods may lose their operating licences, which can effectively shut down the business. In some cases, offenders may be sentenced to community service as an alternative or in addition to other penalties, or be made to pay compensation to the rights holder.
The team at JMW will always mount the strongest possible defence and present any mitigating factors to ensure your sentence is fair. We have supported numerous clients in cases like these, so get in touch to learn more about what to expect as the process moves ahead.
Talk to Us
Speak to our counterfeit solicitors today for a confidential discussion about your circumstances. Call us on 0345 872 6666 or complete an online enquiry form and we will be in touch at a suitable time for you.
