Royal Borough of Kensington and Chelsea v Keenstores Ltd (trading as Amazon)

Date

24 May 1996

Legislation

Trade Descriptions Act 1968, s.1(1)(b)

Keywords

counterfeit goods; trademark offences; seconds; evidence

Counsel

Henry LJ, Ebsworth J

Solicitors:

unknown.

Judge:

Henry LJ, Ebsworth J.

Court:

High Court (Queen’s Bench Division Crown Office List)

Reported:

unreported, CO/1800/95.

Summary:

The Defendant was acquitted by the justices of an offence contrary to s.1(1)(b) of the Trade Descriptions Act 1968 in connection with counterfeit Armani jeans. The justices were not sufficiently satisfied that the jeans in question were counterfeit. The question on appeal was whether the justices’ conclusion was perverse.

The justices noted that there were various quality issues with the jeans in question, but were unsure whether they were "seconds". None of the witnesses for the prosecution were able to give any evidence in connection with "seconds" of Armani products.

Decision:

On the appeal the High Court held that it was clear that the magistrates could not be sure because the evidence raised a doubt in their minds. The justices heard the evidence and it was for them to evaluate it. The Council had failed to show that their findings were perverse and accordingly the appeal failed.

NB: it is important to note that many "seconds" may not have been released from the brand proprietors’ warehouses with their consent. In these circumstances it remains possible for a prosecution under s. 92 or a civil infringement action to be made out. The problems in this case thus arose from inadequacies in the prosecution evidence.