Practice and Procedure

R v ASHOK MALIK (2011)

PUBLISHED March 15, 2011

[2011] EWCA Crim 1107

The conviction of a shopkeeper for selling counterfeit goods was quashed because the court had erred in failing to leave the issue of a defence under the Trade Marks Act 1994 s.92(5) to the jury. Apparently genuine, full-price goods had been purchased from a long-term, reputable supplier and it was difficult to say that that was not evidence capable of providing a defence for consideration by a jury.

CA (Crim Div) (Rix LJ, Roderick Evans J, Judge Radford (Recorder of Redbridge))