Trade Marks

PIPCU operation [2018-2019] Ben is advising the City of London Police Intellectual Property Crime Unit in relation to programmatic advertising and infringing websites.

R v Pegram et al [2017-2019] Ben, leading Aparna Rao, prosecuting for the Specialist Fraud Division, secured convictions against four men who used the foundry website to distribute films, including The Expendables 3, illegally before their official release dates by torrent software and “seedboxes” for the “MiLLENiUM” release group, costing the film industry a minimum of £8.5 million.

R (TM Eye) v Pama [2018] Ben, leading Dominic Lewis, successfully opposed an appeal by TM Eye against the DPP for discontinuing a private prosecution for alleged trade mark fraud.

R v Brooks [2016-2018] Ben successfully prosecuted three defendants who used a file transfer protocol to distribute infringing material to the public.

Operation Tambourine [2016-2019] In two separate trials, Ben succeeded in prosecuting three members of an international trade marks and copyright fraud in which infringing goods were brought in from China.

Herts CC v E [2011] Counsel for Defence in trade mark and copyright case concerning the distribution of T-shirts at Nebworth. Legal argument concerning the definition of distribution led to the Prosecution abandoning the copyright allegations.

Regina v Thompson [2006] EWCA Crim 3058; 2006 WL 3846387: Counsel for Appellant in regulatory appeal which settled the ‘average consumer’ test in trade mark infringement following Arsenal v Reed and R v Johnstone.

Regina v Isaac [2004] EWCA Crim 1082; 168 JP 417; (2004) 168 JPN 617; (2004) 27(6) I.P.D. 27, 064; Archbold 2009 7-53 Counsel for Appellant in leading criminal trademarks case, defining the scope of the essential elements of trade mark offences.