The case concerned counterfeit headphones sold through Amazon at a price point comparable to genuine Marshall products. Marshall relied on a series of test purchases, together with its internal serial-number records and detailed physical examination of the products. The Court described the evidence of counterfeiting as “overwhelming”. The Court also rejected the alternative ‘exhaustion’ case – that is, that the goods were genuine, had been put on the market in the UK or EEA by the Marshall or with their consent and so were allowed to be resold without objection.

The decision shows the value of a robust test-purchase, authentication, and evidence-handling process. Significantly, the Court was able to determine that the products were counterfeit on the evidence before it without the need for independent expert evidence. 

It is also a timely reminder ahead of the holiday shopping season that counterfeit products on major online marketplaces may be offered at prices similar to genuine products, making them harder for consumers to identify. 

Particular thanks go to Marshall’s Brand Protection team for their work and evidence throughout the case, and to Theo Barclay of 4 New Square, who acted as counsel.