TM EYE v Sigita Kavecka

Edmonds Marshall McMahon, on behalf of TM EYE Ltd, brought a successful private prosecution against the Defendant, Ms Sigita Kavecka, for eight 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 defendant was the subject of a previous investigation conducted by TM EYE, which resulted in a prosecution. Between the 18th May and the 6th September 2014 counterfeit Louis Vuitton, Mulberry, Links, Thomas Sabo and Pandora items were purchased from      the defendant who was operating stalls at Dunton and Wanstead car boot sales. On the       16th October 2014, the defendant pleaded guilty to five trademark offences and was sentenced to a 6-month community order with 40 hours to be spent at an attendance centre.

Despite this previous conviction, the defendant continued to run a well established and organised operation selling counterfeit goods at car boots sales and via her Facebook pages. It was clear from the evidence that defendant was well aware that the goods she was selling infringed registered trade marks.

The Defendant appeared in Barkingside Magistrates Court on 1st October 2015, where she pleaded guilty to all charges.