PROLIFIC ONLINE TRADER IN FAKE GOODS SENTENCED TO IMPRISONMENT

Jamie Rickettes of Holly Lodge, Nursery Gardens, Chandlers Ford appeared at Southampton Magistrates Court, charged with 3 offences of selling counterfeit goods, contrary to Section 92 of The Trademarks Act 1994. He pleaded guilty to all matters. He was sentenced to 52 weeks imprisonment suspended for two years. He was also required to undertake 200 hours of unpaid work. The Court ordered Rickettes to pay prosecution costs of ￡1,963.00.

The case was brought by TM Eye as a private criminal prosecution on behalf of its client Pandora Jewellery.

Rickettes operated a substantial EBay selling site where he sold large numbers of fake jewellery. The court were told that he had made tens of thousands of pounds in criminal proceeds from his criminality.

In sentencing Rickettes District Judge Blake said;

The sale of goods which are fraudulent - which these are - is a serious offence. They undermine the legitimate sales of those who are engaged in the proper sale of the items. They bring into question the quality of their products abroad and people conceive that these are genuine items. They cause serious damage to the reputation and trading of the companies who are the victims of this sort of copyright infringement. Further and above that, people believe they are buying the genuine article but are getting much less.

I do not accept that even when you started this that you did not know that these were copies. It is within general knowledge that many, many items come out of China which are counterfeit and I can't believe for one moment your suspicions were not raised. No such thing as a free lunch - you must have known these were too good to be true. You then sold these on to people unwittingly and made substantial profits. I consider these offences do cross the custody threshold but I make it clear now it can be suspended.

It has got to be a custodial sentence in my view - the courts have got to be seen to protect those who hold the copyright for goods, the manufacture of them and those who become the victims of being sold fakes as genuine. For offences 1 & 2 there will be 26 weeks imprisonment, a further 26 weeks consecutive for 3. (52 weeks suspended 2 years).

Suspended for 2 years on the basis that you do 200 hrs unpaid work. 200 hrs on each to run concurrently.

I am suspending them because you are aged 28, there is positive evidence as to your good character, completely different to that reflected in these offences. You are young and I am prepared to accept that you made a serious error, which was criminal. There is some evidence that you must've been involved with others but that is by suggestion. The position is you will have to complete the unpaid work. If there is a further offence in the next 2 years you will be back before this court and inevitably go before custody”.