Jurisdiction(s):
United Kingdom

Conspiracy to Sell Goods Infringing Registered Design: Court of Appeal (England and Wales) upholds convictions in Iqbal v Wolverhampton, clarifying Saik on unidentified property and intention

Published on: 14 May 2025

Published by a LexisNexis IP expert

Legal News

Article summary

Iqbal and another v City of Wolverhampton Council [2025] EWCA Crim 498

What are the practical implications of this case?

This decision underscores the pressing obligation on businesses to secure comprehensive registration of all trade marks and designs linked to their products. Registration is both a cornerstone of brand safeguarding and the legal platform required to commence enforcement steps (including seeking criminal penalties) against participants in the manufacture or circulation of counterfeit items. Against a backdrop of evolving global tariff measures, which are pushing up the price of legitimate goods, the likelihood of fakes gaining a foothold in the market is rising. Escalating consumer prices can fuel unlawful trading, heightening the need for companies to take an anticipatory, well-planned stance on IP protection. To reduce exposure, organisations should have resilient processes to:

track market movements and pinpoint likely counterfeiting hotspots arising from changes in consumer demand and weaknesses in supply chains, and
routinely reassess and refresh their trade mark and design portfolios, together with brand protection programmes, to retain complete coverage in relevant jurisdictions and maintain full protection through ongoing review and update of trade mark and design portfolios and brand protection strategies on a regular, proactive and strategic basis...

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