Rosehill Imports and Exports v Coventry City Council

Date

30 November 1998

Legislation

Trade Marks Act 1994, s.92

Keywords

prosecution; submission of no case to answer; acts before publication

Counsel

Miss Gilchrist

Solicitors

Unknown

Judge

Unknown

Court

Coventry Magistrates Court

Reported

Unreported

Summary

S.92 offences charged.

Decision

Submission of no case to answer accepted on basis that prosecution had not produced evidence from the patent office showing when trade mark was first published. S.9(3) states that no offence is committed where use of trade mark is before the date of publication. Prosecution could not prove when that was.