Firm News

Mishcon de Reya leads in anti-Counterfeiting Directive for Microsoft

Release Date:

27 April 2007

In one of the first applications of its kind in the UK, law firm Mishcon de Reya has today seen the benefits of the recent EU IP Enforcement Directive that has compelled a software counterfeiter to publicly ‘name and shame’ itself in a leading trade magazine.

Acting for long-standing client, Microsoft, Mishcon de Reya secured this new ruling in a case brought as part of Microsoft's Autumn 2006 worldwide eBay campaign which Mishcons spearheaded in England. 

Microsoft is taking legal action against 55 people for selling counterfeit software via the web and online auction sites like eBay.  Mr Jabarkhail of Grimsby is one of these people and in January 2007 Mishcon de Reya obtained a judgment against him which included a provision forcing him to place the advert which today appeared in PC Retail Magazine.

Simon Barnett from Mishcons’ Fraud and Insolvency Group worked on this case and 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.”