Essex Trading Standards v Singh – WLR Daily

Posted March 5th, 2009 in law reports, trade marks by sally

Essex Trading Standards v Singh; [2009] WLR (D) 81

In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the court to conclude on the facts that the defendant had acted in the honest belief that the use of the signs was not an infringement of the registered trade marks; it was also necessary to find that he had reasonable grounds for so believing.”

WLR Daily, 4th March 2009


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