We successfully advised FACT in prosecuting a market trader dealing counterfeit clothing and DVD films under section 92 of the Trade Mark Act 1994 at Liverpool Crown Court.

Interestingly, the defendant originally received his goods from rogue police officers. The defendant ran legal argument to say that the FACT prosecution was 'double jeopardy' in that an earlier prosecution in relation to his receiving the goods from police, brought by the CPS, had failed.

The Court ruled in the prosecution’s favour - it being a wholly new prosecution in relation to trade mark offences and ultimately the defendant was sentenced to nine months custody.