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Pop Star Rihanna Wins Legal Battle

Singer Rihanna has won a legal battle against high street store Topshop over a T-shirt bearing her image.

The Court of Appeal in London upheld a ban on the store selling a sleeveless T-shirt featuring a photo of the star without obtaining her permission.

In the first successful celebrity case of its kind, three appeal judges agreed marketing the item without Rihanna’s approval amounted to “passing off”.

In other words, the unauthorised image was damaging to Rihanna’s brand.

The star sued Topshop’s parent company Arcadia for $5m (£3.3m) back in 2013 over the T-shirts, which featured a photo taken during a video shoot in 2011.

RihannaIn his ruling in July 2013, Mr Justice Birss found some buyers would have been deceived into buying the top because of a “false belief” it had been approved by the singer.

He said it was damaging to her “goodwill” and represented a loss of control over Rihanna’s reputation in the “fashion sphere”.

Topshop lawyers had urged the appeal judges – Lord Justice Richards, Lord Justice Kitchin and Lord Justice Underhill – to rule that Mr Justice Birss had misunderstood the law on celebrity merchandising.

Geoffrey Hobbs QC argued the court was dealing with a “decorated T-shirt” similar to merchandise featuring images of stars such as Elvis Presley, Jimi Hendrix and Prince.

Mr Hobbs suggested Rihanna was using the law wrongly to claim “only a celebrity may ever market his or her own character”.

Topshop lawyers had previously argued there was “no intention to create an appearance of an endorsement or promotion”.

All three judges unanimously dismissed the appeal.

More at http://www.bbc.co.uk/news/entertainment-arts-30932158

Two Jailed for Selling Counterfeit Goods in A Bit of Magic

A man selling fake perfumes, pocketing over £120,000, has been jailed for 16 months.

Patrick Morris, 65, operated his online knock-down-priced business “a-bit-of magic.co.uk” from his home in Deal.

Alongside him in the counterfeit con was godson James Cumming, 42, who described himself as an online shop manager.

Cumming was jailed alongside Morris for six months when they appeared at Canterbury Crown Court on 21 January 2015, for their conspiracy to falsely use trademarks.

Morris sourced the goods – men’s and women’s fragrances, hair straighteners, audio goods, ‘Ugg’ boots and children’s backpacks – from China.

Morris had around 5,000 customers using his website which was set up in 2011.

During 2012, Kent County Council Trading Standards received numerous complaints that the business was selling fake products.

Following undercover test purchases by Kent Trading Standards, which were then sent off for tests and confirmed to be fake, Kent Trading Standards visited Morris’ home in Wellington Parade on 8 November 2012 where more than 500 goods were seized, including two laptops and an iPhone.

A selection of the counterfeit goods being sold online
A selection of the counterfeit goods being sold online

 

The estimated value of the seized goods belonging to Morris was in the region of £11,533 – £12,566 based on his selling price obtained from business records.

The goods seized included well-known brands such as Chanel, Dior, Dolce and Gabanna, Paco Rabanne.

GHD hair straighteners and audio goods purporting to be Bose, Beats and Pioneer were also bagged.

It is estimated that the real brands lost out on around £360,000 worth of legitimate business.

Trading Standards manager Mark Rolfe said: “Kent County Council’s Trading Standards has put paid to these criminal entrepreneurs who were defrauding consumers and legitimate businesses.

“Those who deal in counterfeit goods can expect to be prosecuted and can face prison sentences as a result.”

“All the goods seized were confirmed by the trademark holders as being counterfeit. Because the goods were fake, there were safety concerns over the electrical goods and fragrances which are required to comply with European safety legislation.”

“There is the safety risk to consumers of using products which are not genuine and therefore the quality of them and their safety is not known.”

“The scale of offending was such that the gross profit from the business amounted to over £120,000, with in excess of 5,000 consumers buying from the website.”

Surelock carried out the authentication of some of the perfumes following the seizure by Trading Standards

http://www.kentonline.co.uk/deal/news/fake-perfume-ploy-leads-pair-to-jail-30590/

Man Jailed for Importing Stun Guns and for Trade Mark Offences

In July 2014 Aaron Davies of East Preston, West Sussex was convicted by the jury at the end of a two day trial at Chichester Crown Court of all counts of offences under the Trade Marks Act.  Sentencing was adjourned until the outcome of a Police trial in respect of weapons (stun guns) found and seized at the same time as the counterfeit goods.  Mr Davies was also convicted at this trial on 9th January 2015.

Mr Davies was sentenced to five and a half years in respect of the weapons and an additional 9 months for each count of the Trade Marks offences to run concurrently.

An Order for forfeiture and destruction of the goods was also made.

Surelock carried out authentication examinations on some of the seized counterfeit items.

More at http://www.bbc.co.uk/news/uk-england-sussex-30750809

 

 

 

Worthing eBay Seller Prosecuted for Selling Counterfeit Tee Shirts

Mr Joseph David Walker of Worthing was prosecuted on Friday 9th January 2015 in Worthing Magistrates Court for the manufacture, possession and sale of counterfeit tee shirts bearing Led Zeppelin and ACDC etc. trade marks. He pleaded guilty and received a fine of £2,500, costs of £1,324.76 and a £50 victim surcharge.

Mr Walker was offering these items for sale on his eBay page and he sold two tee shirts (one to a Trading Standards Officer and one to a brand holder). When Officers visited Mr Joseph David Walker’s address and executed a warrant, they found him in possession of such items too.

Surelock initially brought this case to the attention of West Sussex Trading Standards.

 

Launch of Manifesto for Brands: How Brands May Deliver More to the UK

12th December 2014

Today The Manifesto for Brands is launched by the British Brands Group, the voice for brands in the UK, and the Anti-Counterfeiting Group (ACG) which campaigns against the trade in fakes. It outlines the significant contribution brands make to the country and proposes a six-point plan on how they may deliver even more.

Brands already contribute significantly to the economic and social fabric of the UK. While delivering a choice of ever-improving products and services to individuals, brands also help companies grow faster, commercialise innovation, provide quality employment in manufacturing and other sectors and boost export performance. They also provide a strong positive force for responsible, sustainable business.

John Noble, Director of the British Brands Group, said:
“The penny is beginning to drop. Study after study shows the significant economic contribution that branding makes to the economy, effects that are felt locally, regionally and nationally. It continues to surprise, therefore, that branding does not feature more prominently in government policy. The UK, with its iconic brands and creative reputation, seems to be missing a trick when it comes to fully harnessing this power.”

Chris Oldknow, Chairman of the Anti-Counterfeiting Group, added:
“The high value of brands sadly acts as a magnet to those out to exploit it unlawfully. Counterfeiting is a serious organised crime, harming individuals, the economy and society. It allows organised criminal gangs to raise huge amounts of cash that can then fund other forms of serious crime. It affects everyone. It brings criminals closer to our homes, destroys jobs and deprives local and national economies of much needed revenue. The protection of our valuable brands needs greater political attention and more resources for enforcement.”

The Manifesto presents a six-point plan:
• Place brands firmly within the UK economic policy
• Provide the environment for brand growth
• Stop the trade in fakes
• Encourage companies to invest in brands
• Allow people to make informed buying decisions
• Allow communication with consumers

A full copy of the Manifesto can be downloaded at:

http://www.britishbrandsgroup.org.uk/upload/File/Manifesto%20for%20Brands%202015.pdf

 
For any further information, please contact:
John Noble (British Brands Group) on 01730 821212 or [email protected]
Phil Lewis (ACG) on 01494 449165 or [email protected]

 

City of London Police Crackdown on Christmas Counterfeiters

Counterfeit goods
More than 1,500 suspected fake goods seized

Detectives from the City of London Police’s dedicated IP crime unit (PIPCU) arrested three people in morning raids and seized more than 1,500 suspected fake goods on 9 Dec 2014 as part of a crackdown on counterfeit goods being sold online in the lead up to Christmas.  Yesterday’s operations form part of the force’s current ‘12 online Frauds of Christmas’ campaign which has been rolled out across the country to protect millions of people from falling victim to cyber-fraudsters.

Detectives from PIPCU arrested a 31 year old man at his home on suspicion of selling counterfeit designer watches online following a referral from the Intellectual Property Crime Unit (IPCU).

Upon searching his home, officers found and seized around 1,500 suspected fake watches from a range of top designer brands, which if sold at the genuine retail price are worth around £1million.

With support from Leicestershire Police, the man was taken to a police station for questioning and later released on bail until May 2015.

In Leeds, the unit arrested a 26 year old man and a 28 year old woman at two residential addresses following a referral from the Anti-Counterfeiting Group (ACG), a trade organisation which represents rights holders in the branded goods sector.

The man and woman are suspected to be two of the UK’s top sellers on social media for counterfeit designer goods. Approximately 150 suspected fake goods were seized from the two properties including designer shoes, handbags, clothes and watches.

They were taken to local police stations for questioning and cautioned by officers.

Detective Chief Superintendent, Dave Clark,  said: “Yesterday’s action by our Police Intellectual Property Crime Unit (PIPCU) sends home a strong message to anyone thinking of selling or buying fake goods that the police take this issue very seriously.

“Counterfeit goods are cheap and shoddy versions of the original and the public need to be aware that they are potentially putting themselves at risk by buying them. Not only can fake goods, such as cosmetics or electrical items, be a risk to your health, but if you buy any counterfeit item online, you risk having your computer infected with viruses and malware or your financial details being compromised.

“We would urge anyone who thinks they have unknowingly bought counterfeit goods this Christmas to report it to Action Fraud on 0300 123 2040 or at www.actionfraud.police.uk. Don’t forget if you believe someone is selling counterfeit goods, you can report it anonymously to Crimestoppers.”

Tim Mascall, Director of the IP Crime Unit said: “The success of these raids once again show the value of having a dedicated police unit to coordinate the fight against intellectual property crime. The City of London Police’s anti-counterfeiting initiative in the run-up to Christmas is a timely reminder of the serious and insidious nature of product counterfeiting. It is important for us all to remember that this not the victimless cottage industry that the counterfeiters would have us believe, but rather a well organised international criminal enterprise, often with links to other types of serious crime.”

Alison Statham, Director of Operations at the Anti Counterfeiting Group (ACG) said ‘’the ACG is committed to supporting agencies such as PIPCU in the fight against product counterfeiting and we welcome the action taken on Tuesday in Leeds. This was part of a broader multi-agency initiative to tackle this phenomenon. We are also grateful to our member brands who took part in the action, giving a clear message that a collaborative approach by law enforcement, industry and government is the only way forward to reduce this criminal activity.’’

If you have unknowingly bought fake goods this Christmas, you can report it to Action Fraud on 0300 123 2040 or at www.actionfraud.police.uk.

If you suspect someone is selling counterfeit goods you can report it anonymously to Crimestoppers at https://crimestoppers-uk.org/ or by calling 0800 555 111.

Surelock Takes Part in Camden Raid by Trading Standards Shown on the BBC Fake Britain

Surelock personnel take part in multi-agency raids on one of the largest retailers in Camden selling £100,000’s worth of fake merchandise, including music artists’ clothing, mobile phone covers and Clipper lighters.  The action was filmed by the BBC for the “Fake Britain” programme.

See the clip on the BBC iPlayer which starts 35 minutes into the programme (Note that this link will only be accessible for a limited period).

http://www.bbc.co.uk/iplayer/episode/b04tt82v/fake-britain-series-5-episode-14

 

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Big Brand Fake Merchandise Fraudster John Young Ordered to Pay Back £60k by Court

The successful conclusion of this case follows investigative work carried out by Surelock.

A Suffolk internet fraudster who sold fake JLS, Justin Bieber, Olly Murs, and One Direction clothing has been ordered to repay £60,000.

John Young was jailed for 12 months at Ipswich Crown Court in August, but has now been made subject of a confiscation order to claw back money he made from his crime.

The 53-year-old duped fans when selling the branded merchandise he had altered himself through eBay.

image
One of the 1D jackets sold by John Young

 

At his confiscation hearing Young, of Sotterley Road, Hulver, near Beccles, was told he must pay back £59,983.69.

He was given six months to hand the money over or face a further 20 months in prison in default.

Young was caught following a 16-month investigation by Suffolk’s trading standards officers.

At his plea hearing he admitted 13 breaches of trademark regulations between 2009 and 2013 and possessing a vinyl transfer machine for use in fraud.

He also admitted three offences of making articles for use in fraud and asked for an offence relating to the sale of number plates without the necessary identity checks being made to be taken into consideration.

Young had even said had he researched the sale of counterfeit goods on the internet.

Although the prosecution claimed the trademark offences related to goods worth £120,000, Young only accepted they were worth £95,000 and although his gross sales from selling number plates were £75,000 his profit was only between £7,000-£10,000.

Young purchased cheap items of clothing and used a heat transfer machine to apply trademarks.

Before the recession Young, who had no previous convictions, had run a signs business.

His family was then hit by several health problems and he had tried to help out his son after he was made redundant.

http://www.eadt.co.uk/news/jls_olly_murs_one_direction_and_justin_bieber_fake_merchandise_

fraudster_john_young_ordered_to_pay_back_60_000_by_court_1_3873403?usurv=skip

 

Counterfeit Toys Worth £500k Bound for Christmas Market are Seized in Salford

Fake and dangerous toys, worth £500,000, heading for the Christmas market have been seized in Salford.

Peppa Pig, Disney’s Frozen, Angry Birds, and Super Mario counterfeit goods were among the huge haul.

Some are difficult to distinguish from the real products – but have no warnings or safety advice on the packaging and the materials have not been tested for use in toys which is required by law.

In one business unit, council trading standards officers and police recovered over 7,000 counterfeit Super Mario toys, over 350 fake Samsung Galaxy mobile phones and 2,000 knock-off Disney Frozen loom band sets.

In another, they seized 3,700 counterfeit toys, including 21 boxes of Frozen items, 20 boxes of Disney toys, 12 boxes of Spiderman toys and 10 of Toy Story.

Salford’s deputy mayor, Coun David Lancaster, said: “It took officers eight transit van journeys, two combi van journeys and two trips in a people carrier just to remove all the items. Those not needed for court evidence will be crushed and recycled.

“These counterfeit goods were targeted at children as young as four but contained sharp points, small parts which a child could choke on and lead in the paint used.

“They were unsafe as well as ripping off legitimate brands. I am delighted we have been able to take them out of circulation.”

The success came just days after Salford and Manchester councils and other partner agencies launched a campaign for “better business.”

The aim is to make sure all businesses operate from a level playing field by making sure they comply with all the laws – ranging from employment and tax laws to copyright laws and fire safety in premises.

Over the next few months, trading standards staff, officers from Her Majesty’s Revenue and Customs, the Home Office illegal working and modern slavery teams, police, and the fire service will be visiting companies across Manchester and Salford.

Coun Lancaster added: “It’s about offering advice on how to make sure they are operating legally, safely and ethically – as much as taking action where they are not. It’s to make sure that businesses who do comply with the law aren’t put at a disadvantage by those which don’t.”

The goods came from two wholesalers in the Broughton area. Samples will now undergo safety testing.

Due to the size of the seizure, trading standards officers say that prosecution of the companies is likely.

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/counterfeit-toys-worth-500k-bound-8222410