Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the defendant, Ms Nadine Princci, for four offences of selling and possession of goods with a sign or the packaging of which bore a sign identical to or likely to be mistaken for a registered trade mark contrary to s.92 of the Trade Marks Act 1994.
The allegations in this case related to a number of test purchase operations carried out via the social networking site, Facebook. Following an investigation, it was clear from transaction and conversations that took place during the test purchase operations that the defendant was the administrator of the Facebook account. Ms Princci ran a well established and organised operation selling counterfeit goods in the course of a business via the Facebook profile.
Ms Princci appeared at the Chelmsford Magistrates Court on the 4th December 2014, and pleaded guilty to all of the four charges. Ms Princci was subsequently sentenced to a 12 month community order with 50 hours of unpaid work. There was also a victim surcharge and forfeiture and destruction of the counterfeit items was ordered under s. 97 Trade Marks Act 1994.