Simon Baker in Supreme Court appeal relating to criminal liability for infringing Trade Marks in the “grey market”

Simon Baker appeared before the Supreme Court as junior counsel instructed on behalf of a company (C) and one of its directors (T) in the appeal of R v M, C & T [2017] UKSC 58.

The appeal was brought at an interlocutory stage to clarify the law in relation to the question of whether “grey market” trading (trading in goods which were manufactured with the authorisation of the trade mark holder but then subsequently sold outside of authorised channels) gave rise to criminal liability under s.92 of the Trade Marks Act 1994.

The Supreme Court ruled that Parliament had intended that s.92, which is generally used to prosecute offences of trading in counterfeit goods, also applies to goods which had been manufactured by, and with the consent of, the Trade Mark holder but subsequently sold without the Trade Mark holder’s consent (including cases of parallel imports).

The judgment can be read here.

Simon was instructed by Stokoe Partnership.

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