Website blocking orders – who pays? – Technology Law Update

Posted July 2nd, 2018 in counterfeiting, electronic commerce, internet, news, repayment by sally

‘It has been clear for a while now that court orders against intermediaries can be a useful tool in tackling web-based infringement. Online selling requires the involvement of technology services – internet service providers, online marketplaces, social media platforms, etc – in order to function. The law recognises this and looks for ways to tackle infringement. But a recent UK Supreme Court ruling (Cartier International v BT) takes a new direction by requiring IP owners to repay ISPs for the cost of blocking measures.’

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Technology Law Update, 29th June 2018

Source: www.technology-law-blog.co.uk

Legal rights are not all right: when morality and the law collide – OUP Blog

Posted February 2nd, 2018 in counterfeiting, drug offences, homosexuality, news, tax avoidance by sally

‘In early November 2017, media outlets hailed the Paradise Papers as a major scoop: 13.4 million leaked documents revealed the financial details of some of the world’s leading brands, politicians, sports stars, and musicians. But this was to be no repeat of last year’s Panama Papers, in which well-known names appeared relating to criminal acts like “corruption,” “tax evasion,” and “money laundering”; the Paradise Papers failed to reveal a single crime.’

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OUP Blog, 31st January 2018

Source: blog.oup.com

Warning over fake lipstick after trading standards find level of lead could cause severe health problems – Daily Telegraph

Posted October 6th, 2017 in consumer protection, counterfeiting, news, poisoning by tracey

‘A warning has been issued over fake lipstick after a court heard that the level of lead in counterfeit products can cause severe health problems. Paul Lamerton sold fake lipsticks on eBay and Facebook with 300 times the legal level of lead, and magistrates in Plymouth, Devon, were told that if used regularly the cosmetic could result in high blood pressure, cardiac, reproductive and neurological problems.’

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Daily Telegraph, 5th October 2017

Source: www.telegraph.co.uk

Court of Appeal ruling ‘provides extra ammunition’ in fight against sale of counterfeit goods online, says expert – OUT-LAW.com

‘A new ruling by the Court of Appeal in London “provides extra ammunition” to brands in their fight against the sale of counterfeit goods online, an expert has said.’

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OUT-LAW.com, 7th July 2016

Source: www.out-law.com

Gang jailed over £7m Monopoly money scam – The Guardian

Posted June 15th, 2016 in counterfeiting, fraud, news, sentencing by sally

‘A gang of conmen who used Monopoly money to trick jewellery dealers in a £7m scam have been ordered to go to jail.’

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The Guardian, 13th June 2016

Source: www.guardian.co.uk

Fake Viagra gang members sentenced for ‘large-scale criminal enterprise’ – The Guardian

Posted April 14th, 2015 in conspiracy, counterfeiting, gangs, medicines, money laundering, news, sentencing by sally

‘Members of a gang that made up to £60,000 a week selling fake Viagra through a bogus mail order fishing tackle business have been sentenced for their part in what was described by a judge as a “highly organised, large-scale criminal enterprise”.’

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The Guardian, 13th April 2015

Source: www.guardian.co.uk

Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

Internet service providers must help crack down on fake goods, high court rules – The Guardian

Posted October 21st, 2014 in costs, counterfeiting, injunctions, internet, news, trade marks by sally

‘A landmark British test case has opened the gates for brand owners to compel internet service providers (ISPs) to police trademark infringement at scale, in addition to their already controversial role in copyright enforcement.’

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The Guardian, 20th October 2014

Source: www.guardian.co.uk

Cartier launches legal attempt to block websites selling counterfeit goods – The Guardian

Posted September 26th, 2014 in counterfeiting, electronic commerce, injunctions, internet, news, trade marks by tracey

‘Cartier International, the luxury watch and jewellery company, is attempting to block websites allegedly selling counterfeit goods in a test case that could have far-reaching consequences for the internet. Lawyers for the Paris-based company launched their claim at the high court in London on Thursday. It is believed to be the first time online service providers have been asked to close down websites on the grounds that they feature pirated trademark logos.’

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The Guardian, 25th September 2014

Source: www.guardian.co.uk

Birmingham fake money: Four jailed for £1.3m counterfeit scam – BBC News

‘Four men have been jailed for making more than £1.3m worth of counterfeit £10 notes.’

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BBC News, 13th January 2014

Source: www.bbc.co.uk

 

Sweet shop owner fined £400 for selling 30p Asda chocolate as £3 Wonka bars – The Independent

Posted November 6th, 2013 in consumer protection, costs, counterfeiting, fines, food, news, trade marks by sally

“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”

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The Independent, 5th November 2013

Source: www.independent.co.uk

Microsoft to sue Comet over ‘fake’ Windows discs – The Guardian

Posted January 5th, 2012 in consumer protection, counterfeiting, intellectual property, news by tracey

“Microsoft is to sue UK electronics retailer Comet for making tens of thousands of allegedly unauthorised CDs for its Windows operating system and selling them to customers. The US computing giant has issued proceedings against Comet for allegedly creating more than 94,000 counterfeit ‘recovery discs’ for its Windows Vista and Windows XP operating systems and selling them to customers.”

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The Guardian, 4th January 2012

Source: www.guardian.co.uk

Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09) – WLR Daily

Posted December 6th, 2011 in copyright, counterfeiting, EC law, law reports, sale of goods by sally

Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349

“Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit goods” within the meaning of Council Regulation 3295/94/EC (as amended) merely on the basis that they had been brought into the customs territory of the EU under suspensive procedure. However, if it was proved that those goods were intended to be put on sale in the EU, they were classified as ‘counterfeit’.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Fake Viagra importer from Northampton jailed – BBC News

Posted September 12th, 2011 in counterfeiting, customs and excise, medicines, news by tracey

“An importer of fake Viagra pills into Britain from India and China has been jailed for a year. Victor Cheke, 42, from Northampton, pleaded guilty in July to possessing counterfeit medicinal products to sell and importing fake, unlicensed drugs.”

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BBC News, 9th September 2011

Source: www.bbc.co.uk

IPO is training prosecutors on IP crime – OUT-LAW.com

Posted August 24th, 2011 in counterfeiting, Crown Prosecution Service, intellectual property, news by sally

“Crown prosecutors are receiving special training from intellectual property experts on how to construct legal cases against counterfeiters and pirates, the Intellectual Property Office (IPO) has said.”

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OUT-LAW.com, 24th August 2011

Source: www.out-law.com

Regina v Bajwa and others – WLR Daily

Regina v Bajwa and others [2011] EWCA Crim 1093; [2011] WLR (D) 151

“In assessing, for the purposes of imposing a confiscation order, whether a defendant had a criminal lifestyle the question of whether the offence had been committed over a period of at least six months related to each particular defendant’s part in the offence.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Men jailed after police op uncovers £1m in fake notes – BBC News

Posted November 19th, 2010 in counterfeiting, news, sentencing by sally

“Four men have been jailed after counterfeit bank notes worth more than £1m were uncovered by police.”

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BBC news, 17th November 2010

Source: www.bbc.co.uk

Regina v Varsani – WLR Daily

Posted August 25th, 2010 in counterfeiting, customs and excise, law reports by sally

Regina v Varsani [2010] EWCA Crim 1938; [2010] WLR (D) 237

“Where an offender was convicted of being knowingly concerned in the fraudulent evasion of duty on counterfeit cigarettes, contrary to s 170 of the Customs and Excise Management Act 1979, the reference to the retail price of cigarettes ‘of that description’ in s 5(1) of the Tobacco Products Duty Act 1979, as amended, by which the value of the duty was to be calculated, was to the retail price of genuine non-counterfeit cigarettes which were of the same description as the counterfeit ones on which the duty was evaded.”

WLR Daily, 24th August 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man fined £26k over fake computer games – BBC News

“A man who sold fake computer games over the internet has been ordered to pay £26,405 following a proceeds of crime investigation.”

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BBC News, 12th May 2010

Source: www.bbc.co.uk

Suspected counterfeits can be destroyed if not defended by importer, says HMRC – OUT-LAW.com

Posted April 26th, 2010 in counterfeiting, customs and excise, news by sally

“Suspected counterfeit goods being brought into the UK can be destroyed without going to court if the importer fails to object, according to new rules put in place by Her Majesty’s Revenue and Customs (HMRC).”

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OUT-LAW.com, 26th April 2010

Source: www.out-law.com