R v Mainwaring

Date

15 July 1996

Legislation

Trade Marks Act 1994, s. 92(1)
Copyright Designs and Patents Act 1988

Keywords

indictment; affixing a sign; computer software

Counsel

Mr T Spencer, Miss A Healy

Solicitors

None

Judge

HHJ Miller

Court

Isleworth Crown Court

Reported

unreported

Summary

The defendant was prosecuted under s.92(1) TMA 1994 for selling "goods which bear, or the packaging of which bears" a registered trade mark.

He was selling copies of proprietary software programs at a car boot sale. The discs bore handwritten labels in relation to which no charges were laid. The charges were laid in relation to the proprietors' trade marks which were displayed on the screen when the discs were loaded up onto a computer and run.

Decision

The prosecution failed because the computer discs did not "bear" the trade marks as they were not visible to the consumer at the time of purchase.

The judge said that the case should have been prosecuted under the Copyright, Designs and Patents Act 1988.