The increase in counterfeiting has staggering financial implications for businesses. It is a problem that all companies with a brand to protect must be conscious of. With this in mind, the BGIA (British Golf Industry Association) has secured the services of London Solicitors Edmonds Marshall McMahon (EMM) to act as a private Counterfeit Prosecutor for all its members FOC. The legal and investigative costs of counterfeit and fraud private prosecutions are recoverable from “central funds”, which is a Government pot put in place to reimburse private prosecutors for the costs incurred in the proceedings.
The unauthorised use of a trade mark is a criminal offence in England & Wales under the Trade Marks Act 1994, section 92. A person guilty of an offence under this section is liable to a term of imprisonment not exceeding 6 months and/or a fine if they are tried in a Magistrates Court and a period of imprisonment not exceeding ten year and/or a fine if they are tried in a Crown Court. Almost all offences under the Trade Marks Act are classified as schedule 2 lifestyle offences for the purposes of the Proceeds of Crime Act 2002.
The BGIA is aware of the problems that counterfeiting can cause its members, such as financial harm to companies and shareholders; it is credited with funding organised crime, has health and safety implications and causes huge reputational damage and has taken steps to address this issue which affects the whole industry.
BGIA Association Manager Ciara Morgan said: “Counterfeiting is a serious problem that requires effective enforcement. Traditional enforcement agencies have suffered overwhelming cuts in budgets and as a result do not have the time or resources to devote to investigating cases of counterfeiting. This means it is often left to the brand owner to enforce their rights, through our latest benefit; BGIA members are covered in this area.”
Companies taking decisive action against any infringement of their trademark will deter criminals and disrupt their organised criminal network. Pursuing private prosecutions requires not only time but intelligence from an investigator and expertise from a robust legal team. The combined service provided by EMM and TM EYE (a private criminal investigations specialist) ensure that businesses are able to protect their brand and profits without having to sacrifice their time and resources; thereby enabling them to focus solely on their business at all times.
BGIA Chair, Nigel Freemantle said: “The increase in counterfeiting has staggering financial implications for businesses. It is a problem that all companies with a brand to protect must consider seriously. Private Prosecutions can be used as an efficient and effective tool – against large or small targets – to combat the ever-increasing counterfeiting of goods and subsequent financial loss to businesses.”
Tamlyn Edmonds, Edmonds Marshall McMahon said: “Companies taking decisive action against any infringement of their trademark will deter criminals. What’s more, our unique service means that if you know your products are being copied and sold, we will investigate (or work with your investigators), advise, prosecute and robustly enforce any subsequent compensation and/or confiscation order thereby ensuring compensation for your company.”
EMM are the only firm in the UK dedicated to private prosecutions, armed with a high-powered team of senior prosecutors who have an unrivalled track record of conducting successful counterfeit prosecutions; giving them expert knowledge of the industry. EMM’s innovative approach to prosecutions also enables them to consider a wide range of charges which may be applicable in each case.
EMM have combined their experience with investigators TM EYE since 2013. Together, EMM and TM EYE provide a unique and highly specialised service which has enabled them to maintain a 100% conviction rate. Their combined service makes EMM and TM EYE perfectly equipped to tackle counterfeit offenders robustly whilst protecting brands.
BGIA www.bgia.org.uk
Counterfeit claim contact details
Tamlyn Edmonds – Partner
Address – Edmonds Marshall McMahon, 5/6 Crane Court, London, EC4A 2EJ
Phone – 0207 583 8392
Web – www.emmlegal.com
Email – enquiries@emmlegal.com