Where the appellant contended that she did not know what a registered trade mark was she could not rely on the statutory defence under the Trade Marks Act 1994 s.92(5) as that required proof of a positive case that the appellant knew the trade mark was in place but that use of it was not an infringement. The section afforded a positive and specific defence and did not provide a defence of good faith.

[2005] EWCA Crim 466