TM Eye Ltd v Simon Bramall

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Simon Bramall, for three offences of selling counterfeit products which infringed trademarks owned by Technique Golf LLC contrary to s. 92 of the Trademark Act 1994.

There was clear evidence that the Defendant sold counterfeit goods in the course of business to undercover operatives which infringed trademarks owned by Technique Golf LLC.

On the 22nd December 2016, Mr Bramall appeared at the Doncaster Magistrates’ Court where he gave evidence in his defence that he believed the goods to be genuine. Following hearing evidence from the prosecution however, the Magistrates convicted Mr Bramall on the basis that he had failed to take reasonable steps to satisfy himself that the goods he had purchased were genuine. He was sentenced to pay a £750 fine, £75 victim surcharge and £500 costs.