Trademarks Offences Charges
Over 100 violations of the Trademarks Act. Melbourne Magistrates Court.
Facts
The client was employed in the fashion business. In the course of her work she came across a company selling wholesale replica goods such as handbags and jewellery. She purchased some for her personal use and received so many compliments and requests for purchase that she decided to set up a business selling the goods at parties.
The client was charged after an undercover investigator attended one of her parties and purchased a number of the counterfeit items.
The client knew that it was illegal to sell counterfeit items but did not realise the extent to which her actions breached the law. She had never been in trouble before and was embarrassed and frightened by the proceedings against her. She was particularly concerned by the impact that a criminal conviction would have on her ability to travel, as this was essential in her line of work.
Results
In order to ensure that the client did not receive a criminal conviction we liaised with the CDPP (Commonwealth Director of Public Prosecutions) and reached an agreement. They would recommend a non-conviction disposition in exchange for the client providing informant about her suppliers.
Ultimately, the information the client was able to supply was of little value to the CDPP. However, because she had been willing to assist, they recommended a non-conviction as per the agreement.
The client was sentenced to a good behaviour bond, without conviction. She was very relieved.
