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Trader made to go public as IP thief

Trader made to go public as IP thief

Reports emerged on 3 May that an online software trader has been forced to advertise that he is a counterfeiter, following a lawsuit brought by Microsoft. In January, MA Jabarkhail of Grimsby, England, was convicted of selling fake Microsoft goods on a well-known auction site. Under a recent European IP Rights Enforcement Directive, the software giant bound Mr Jabarkhail to take out an advertisement in a magazine of its choice, in which he would publicly admit his actions.

The ad eventually went to press in the latest issue of PC Retail, published on 27 April. Its copy reads: ‘Judgement has been entered on Microsoft's behalf against MA Jabarkhail for trademark infringement, passing off and copyright infringement arising out of illegal trading.’ Jabarkhail’s punishment will bring him a stigma that could take a long time to live down, with his payment for the ad serving as an alternative fine.

Simon Barnett of lawyers Mishcon de Reya, who acted for Microsoft, said: ‘This is an important Directive and one which adds another weapon to the armoury of brand owners and their lawyers. Such a public admission of guilt is certainly a deterrent to those attempting to counterfeit products, especially when the threat of asset recovery is, in some cases, uncertain. We expect to see more of these orders obtained and actioned in the near future.’

In Autumn 2006, Mishcon helped the firm wage a campaign against traders who were using online auctions sites to sell bogus Microsoft products. Jabarkhail’s conviction arose from the campaign, and the lawyers are pursuing legal action against a further 54 people. It is not yet known whether Microsoft will extend its ‘name and shame’ privilege to any subjects of the other cases.

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