Vakil Help Desk News: a Delhi court has acquitted a trader prosecuted for selling allegedly counterfeit branded goods, holding that the prosecution failed to prove the goods were counterfeit or to establish ownership of the brand and the trader's knowledge — a lesson in how anti-counterfeiting cases are won or lost.
Vakil Help Desk News, IPR. A prosecution for selling counterfeit goods must actually prove that the goods are fake and that the brand rights exist — not merely that branded articles were found. A Delhi court made this clear in State v. Mukesh Kumar, decided by Additional Chief Metropolitan Magistrate Ms. Arjinder Kaur, acquitting the accused.
The case
The trader was charged under Section 63 of the Copyright Act, 1957 and Sections 103 and 104 of the Trade Marks Act, 1999, after articles bearing a well-known brand were seized from a shop and alleged to be counterfeit. He denied the allegations and said he was falsely implicated.
What the Court held
- The prosecution showed that branded articles were seized, but not that they were counterfeit — the identification evidence lacked specificity and corroboration.
- It did not establish the copyright work and its ownership, the accused's knowledge, any falsifying act, or possession for the purpose of sale.
- Each charge was held unproved, and the accused was acquitted under all three provisions.
Why it matters
Anti-counterfeiting prosecutions turn on evidence. The brand owner must prove its rights, prove the goods are counterfeit (often through an authorised representative or expert), and prove the seller's knowledge and intent. Gaps in that chain lead to acquittal, however genuine the underlying complaint.
What this means for you
If your brand is hit by counterfeiting, build the case properly from the start: register your trademarks and copyright, keep ownership records, and provide clear expert or authorised-representative evidence that the seized goods are fake. For traders, dealing only in genuine, documented stock — with invoices showing a lawful source — is the best protection against a counterfeiting charge. We assist brand owners with raids, complaints and evidence, and traders in defending such cases.