Kevin Hegarty KC secures acquittal of company & director on all 6 charges under s.92 of the Trade Marks Act 1994

Kevin Hegarty KC, leading Gulam Ahmed Ahmed of Libertas Chambers, secured the acquittal of ASB Distributions Ltd and its director on all six charges under s.92 of the Trade Marks Act 1994 following a six day trial at Isleworth Crown Court.

Following an internet test purchase and search warrant, over 100,000 items were seized from the company’s warehouse. The alleged breaches concerned Apple, Samsung and Underwriters Laboratory owned trademarks. The value of the seizure was close to £3 million. The successful defence advanced by the company was that there were reasonable grounds to believe that there was no infringement due to the steps the company took to check its suppliers and the delivered goods. The director was prosecuted on the basis that he had consented or connived at the company’s offending.

Counsel were instructed by Mr Anwar Miah, head of Private Crime at Sony Sadaf Haroon Solicitors in St Albans.