Involvement in the procurement, selling, or holding of counterfeit goods may attract a civil or criminal penalty.

For specialist legal advice with counterfeit goods claims and charges, the Civil Lawyers and Criminal Law Solicitors at Imran Khan and Partners are here to help.

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Free Initial Telephone Discussion

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For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com and we’ll be in touch shortly. We can help clients wherever you are based across England and Wales.

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We are available 24 hours a day, 365 days a year.

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If you require urgent assistance, please contact us on our emergency number on 07738 802993

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What are counterfeit goods?

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Counterfeit goods are copy products that are designed, marketed and sold as a genuine product without the permission of the owner who has the legal right to manufacture and sell a particular item.

 

Counterfeiting goods involves imitation, either through copying a logo, symbol, registered design, or a characteristic feature of the goods, so the counterfeiter is passing off their copy as the authentic article.

Counterfeiting of goods and civil claims

The production and sale of counterfeit goods amounts to the criminal offence of fraud as well as attracting a civil claim for infringement of intellectual property rights.

 

The imitation of a recognisable symbol, design, or expression on a counterfeit product, copied from copyrighted and protected goods may amount to passing off and be an infringement of a registered trademark. As counterfeit involves an intentional imitation of a product, it is narrower in scope to a civil law trademark infringement.

Counterfeiting goods can attract a civil action under Section 10 of the Trademarks Act 1994. The owner of the registered trademark can:

• Apply for an injunction to stop the Defendant from continuing with any activity related to their trademark infringement

• Seek damages or an account of profits made through the trademark infringement

• Ask for a costs order to cover the cost of the civil litigation

 

Counterfeiting of goods and criminal proceedings

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Section 92 of the Trademarks Act 1994 sets out the criminal offence of trademark infringement. A criminal act is committed if the trademark infringement is carried out with an intention to cause loss to another and to gain for oneself by sale, hire or distribution of the goods, without the consent of the trademark owner. Counterfeiting goods is also an offence under:

• The Fraud Act 2006 and

• The Proceeds of Crime Act 2002

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The Fraud Act covers any representation that is known to be false and made with an intention to cause loss to another party, or to make a gain for oneself. The scope of the Act makes possession of any counterfeited articles, their use, or supply in connection with fraud, a criminal offence. In addition, assistance provided in manufacturing, holding, or the selling of counterfeit goods is covered under the Fraud Act.

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The Proceeds of Crime Act relates to the recovery of any proceeds of crime where a criminal conviction has not happened. Proceeds obtained through counterfeiting goods can be covered under proceeds made by infringement of intellectual property. The reclamation of proceeds can be in the form of confiscation of assets in a civil law proceeding.

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Why Choose our Counterfeit Goods Law Solicitors?

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Imran Khan and Partners are an innovative firm with decades of experience in the Criminal Justice system of England and Wales. Our expert confiscation department specialises in cases involving allegations of counterfeiting and  proceeds of crime claims. We have a demonstrated commitment to criminal defence and provide robust representation at the police station and in court.

 

Our highly experienced and dedicated team of Counterfeit Goods Law Solicitors have the knowledge and skill to help you at whatever the stage of the investigation or proceedings. When instructed at the earliest possible stage, our multi-disciplinary lawyers can advise you on the best strategy and course of action for you.

 

How do I pay for my legal fees?

 

We can help you on a private funded basis or through legal aid. Contact us to discuss your funding options.

 

If you do not have the means to pay for your legal representation, you may qualify for legal aid. Imran Khan and Partners are accredited by the Legal Aid Agency. We can apply for legal aid on your behalf and guide you through the application process .

How to get in contact

 

Contact

 

James O’Hara at JamesO@ikpsolicitors.com or call 020 7404 3004 to talk to us about how we can help you. James is an expert Criminal Defence Solicitor, specialising in  the Trademark Act 1994, the Fraud Act 2006, and Proceeds of Crime Act 2002 cases.

We will swiftly respond to any query within 24h.

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We are available 24 hours a day, 365 days a year.

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We can assist wherever you are based and have offices in central London.

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We are also able to assist with police interviews at the police station. If you require urgent assistance, please contact us on our emergency number  07738 802993.

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If you contact us on behalf of someone who is already in prison, please simply provide the name of the person, the prison number and any available detail. We will organise a legal visit with that person, whether face to face or by Video link.