TM EYE v Cindy Kavecka – Trademark Infringement – Private Prosecution (2014)

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the defendant, Ms Cindy Kavecka, for seven offences contrary to section 92 Trademarks Act 1994.

The Defendant, Ms Kavecka, was involved in an organised operation selling counterfeit goods, including those infringing the trade marks of Louis Vuitton, Mulberry, Links of London, Thomas Sabo and Pandora Jewellery.  It is clear from the evidence that the defendant played an active role in the operation and that she was well aware that the goods that she was selling infringed registered trade marks.

On the 16th October 2014, Ms Kavecka appeared at the Barkingside Magistrates’ Court, where she pleaded guilty to all seven charges. Ms Kavecka was subsequently sentenced to a six month community order with 40 hours’ unpaid work concurrent on each charge.

In addition to the above, forfeiture and destruction of the counterfeit items was ordered under s. 97 Trade Marks Act 1994.