3PB's Jonathan Underhill secures suspended sentence in prosecution under Trade Marks Act 1994

13th January 2020

3PB Barristers’ Jonathan UnderhillJonathan UnderhillCall: 2008 was instructed to represent the first defendant in a case brought by Isle Of Wight Council Trading Standards. The case involved thousands of counterfeit items from well-known brands  including Chanel; Hugo Boss; Ted Baker; Adidas; Calvin Klein; Moncler; Jack Wills; Ugg; Michael Kors and Nike.

Following submissions on the lack of an evidential basis upon which to establish significant profit, and reference to the guidance cases of R v Khan (2013) and R v Brayford (2010), the Judge accepted that the starting point of an immediate custodial sentence should be departed from in this case.