ARTICLE · 24 NOVEMBER 2008

IP Snapshot - November 2008

CMS Cameron McKenna Nabarro Olswang

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The Court of Appeal dismissed an application for leave to appeal against conviction for criminal trade mark infringement under s. 92 of the Trade Marks Act 1994 (the 'TMA').

United KingdomIntellectual Property

Isabel Davies

Tom Scourfield

TRADE MARKS

R v Boulter (Gary), Court of Appeal, 7 October 2008

The Court of Appeal dismissed an application for leave to appeal against conviction for criminal trade mark infringement under s. 92 of the Trade Marks Act 1994 (the 'TMA'). The conviction related to counterfeit DVDs and CDs bearing the logos of EMI and other companies on the packaging. The court rejected the defence that the material bearing the trade marks was of such poor quality that there was no likelihood of public confusion as to the trade origin of the goods. The court considered the meaning of trade mark use under s. 10 of the TMA, and the differing judicial interpretation of this point in the cases of R v Johnstone and Arsenal Football Club plc v Reed.

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