The Inquirer reports that a (now separated) husband and wife have been convicted of criminal trade mark infringement. They were found in possession of counterfeit music CDs, video games and films that, if they were genuine, would retail for £28,000 and were found to have falsely claimed benefits. They were caught after a joint operation by Sefton Metropolitan Borough Council Trading Standards officers; local Police and an ELSPA (Entertainment and Leisure Software Publishers Association) investigator. The raid was part of Operation Zouk, overseen by the Department of Work and Pensions, which was targeted at those who claim benefits whilst illegally supplementing their income by selling counterfeit DVDs and CDs.
The IPKat would dearly love to get his paws on any more information about this decision, but he finds it very difficult to find out about criminal IP cases – can any of his readers help him? One thing that very much puzzles him is that the article suggests that the use of the trade marks on the counterfeit CDs constituted criminal trade mark infringement, but didn’t the House of Lords in the similar circumstances of R v Johnstone say that the use of artists’ names does not constitute criminal trade mark infringement?
IPKat trivia for the day: “zouk” is a rhythmic music style originating from Guadeloupe and Martinique.
Sunday, 7 August 2005
Posted by Unknown at 15:04:00