UK Supreme Court case: criminal sanctions for trade mark infringement

The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit goods.

The Supreme Court’s judgment, handed down last week, is good news for trade mark owners who may be considering seeking criminal sanctions against unauthorised dealers in grey and counterfeit goods, in addition to any civil remedies, even if trading standards or the police are reluctant to take action.