THURROCK Council’s trading standards team secured a prosecution for selling counterfeit CDs and DVDs on Wednesday (22 June).
Alan Brown, 56, of Heathway, Dagenham, admitted 14 offences of the unauthorised use of a trade mark, when he appeared at Basildon Crown Court.
A further charge of possession of criminal property was left on file.
The court heard that, following complaints received about the sale of counterfeit items from the defendant’s market stall at the Willow Farm Market, Purfleet, a council trading standards officer bought an Ironman 3 DVD, a Rudimental CD, and an Olly Murs CD from the stall.
The two CDs were sent to Trade Mark representatives and confirmed as counterfeit before a warrant was obtained from Basildon Magistrates’ Court to search the premises of Heathway, Dagenham, where officers found a large number of CDs and DVDs which also appeared to be counterfeit.
A total of 3,699 discs were seized.
The search also found a number of envelopes containing a total of £19,020 in cash which was also seized – and is currently the subject of cash forfeiture proceedings.
Other information seized included a receipt for a garage near Brown’s home – at 11 Hollidge Way. It was also searched and a number of CDs were seized from there also, as well as some ‘paperwork’.
A sample of the DVDs were sent to the Federation Against Copyright Theft for examination and ten were examined and found to infringe the relevant trademarks legislation.
Further CDs were sent to the PRS for Music and were also found to infringe the legislation.
In September last year 1,113 DVDs were sent to FACT which confirmed 372 had trademarks which were illegal – the remainder either did not have trademarks on them or had marks belonging to companies not represented by the organisation.
From the CDs and DVDs seized from Mr Brown’s home 1,278 CDs and 1,729 DVDs were assessed as being counterfeit.
The court was also told Mr Brown’s bank accounts were subsequently examined by a financial investigator working for Thurrock Council and it was established that between 5 November 2007 and 16 September 2013, there was a total of £24,871.78 which represented proceeds from the sale of counterfeit goods at market sales.
Brown’s counsel said, in mitigation, her client believed the items he had sold were legitimate “promotional material”, but accepted he had failed to check their authenticity. Brown disputed the cash deposits and that seized from his house were proceeds of criminal conduct.
Brown was sentenced to 12 months imprisonment, suspended for two years. He was ordered to perform 180 hours unpaid work.
The seized discs were ordered destroyed.
