The knock-off poppy conman
MAN FINED FOR COPYRIGHT BREACH
A MARKET trader sold unofficial poppies and pocketed the cash in the run-up to Remembrance Day.
Barry Downs, 64, of Coltspool, Kibblesworth, was caught selling unauthorised poppy brooches at Stanley market in County Durham.
Appearing at Newton Aycliffe Magistrates’ Court three days after the centenary of the end of the First World War, Downs pleaded guilty to seven counts of breaching the Royal British Legion’s copyright.
The military charity has trademarks on some poppy designs so their products can only be sold to raise money for their charitable endeavours.
Outlining the case against Downs, Mrs Sarah Grigor said Durham County Council officers went to the market on Front Street on November 2, 2017, after receiving a tip-off about Downs selling poppy badges and key rings.
The trader, who has worked on markets for more than 50 years, had more than 250 poppy items on a stall, with another 180 stashed in his car.
The court heard Downs was selling some for as much as £2.99, meaning he stood to make hundreds in profit.
When challenged by the trading standards officer, he admitted he had no affiliation with the Royal British Legion and his stock was seized.
In a police interview, Downs confirmed he was aiming to make a profit, but said he assumed the items he bought from a wholesaler in Manchester were not copyrighted because they were “widely available on the internet”.
Downs’ defence solicitor, Bill Davison, said: “There has been no equivocating or attempt to deceive or mislead trading standards officers.
“He should have made more enquiries but did not.”
Mr Davison added: “We are not looking at someone who is involved with a national scam or anything of that nature, we’re looking at a sole trader.”
The solicitor conceded it’s a “shame that it’s poppies in particular because it’s a worthy charitable cause” but pointed out none of the items carried the Legion’s logo.
Downs pleaded guilty to four counts of selling goods likely to be mistaken for a trademarked item and three counts of possessing goods with a false trademark for sale.
Downs, who has no previous convictions, was ordered to complete 80 hours of unpaid work.
Sentencing, magistrate Aileen Little also told Downs he would have to pay £500 for the cost of the investigation, £450 costs and £85 victim surcharge.
Speaking outside court, Downs said: “It happened unintentionally, if I had known I wouldn’t have got involved.”