Business information

Dressing down for sellers of counterfeit clothes

A Hertfordshire couple who sold fake “designer” clothing will each serve community orders.

Victoria and Gabriel Tomsa, of Russell's Ride, Cheshunt, were prosecuted by Hertfordshire Trading Standards under the Trade Marks Act 1994 after complaints about items being sold on the internet.

After pleading guilty to three charges at an earlier hearing, Victoria, 29, and Gabriel, 30, were sentenced at St Albans Crown Court on Monday.

Gabriel Tomsa was ordered to carry out 250 hours of community work and Victoria will take part in a nine-month supervised women’s programme. They are banned for two years from any trading on the internet without first clearing it with the Probation Service.

County Councillor Richard Smith, Executive Member for Community Safety, said: “Selling counterfeits is criminal conduct. It is unfair competition and attacks the good reputation built up by legitimate companies.

"This sends a strong message that the sale of counterfeit goods will not be tolerated in Hertfordshire. Traders are advised to buy from a reputable source, to check any goods and paperwork and make enquiries of their suppliers before accepting goods.

"If they are in any doubt about the authenticity of the products they can contact the trade mark owners for advice.”

The Tomsas traded as M and V Designer 4 Less Ltd and advertised clothing on a wholesale basis on their website. They also sold items singly on auction site eBay.

Hertfordshire Trading Standards were made aware of a complaint from one customer who bought goods which were not genuine.

Clothing company Stone Island made their own undercover purchase after seeing copies of their product illegally offered on the M and V Designer website and then complained to Hertfordshire Trading Standards.

It triggered an undercover programme of test purchasing by Hertfordshire Trading Standards, which was sold six counterfeit items from the website.

A warrant was executed by Trading Standards and police at the couple’s home of the time in Plough Hill, Cuffley, where further copies of designer gear were found. Some of these were already packaged up ready for posting to customers.

The companies which own the various trade marks - including Stone Island, Giorgio Armani, Hugo Boss, Adidas, Diesel, CP Company, Christian Dior, Paul and Shark Yachting, Prada, Lacoste, Chloe, Sixty UK, Von Dutch, Maharishi and Dolce & Gabbana - helped the investigation and found the counterfeit items to be of inferior quality.

The Tomsas received adverse comments from their customers on eBay and a warning letter from solicitors for one of the trade mark holders. In response to a complaint that the goods were poor copies, they said on eBay: “I did not advertise as genuine.”

Over 18 months, the illegal trading generated a turnover of nearly £250,000. A financial investigation is currently taking place with a view to confiscation of any criminal assets gained. A hearing is due to take place at St Albans Crown Court on January 7, 2008.

Trading Standards advise consumers to be wary of buying supposed “designer” goods on the internet. Advice is available from Consumer Direct on 08454 040506 between 8am and 6.30pm Monday to Friday and between 9am and 1pm on Saturdays (excluding bank and public holidays), or visit www.consumerdirect.gov.uk.

Businesses in need of advice on their trading obligations should call the Trading Standards Business and Commercial Advice Line on 01727 813849 (Monday to Friday 9am to 5pm).

Notes for editors
Two charges related to the company selling counterfeit goods - a Stone Island jacket in April/May 2005 and a pair of Adidas jeans in August 2005. The other charge was for possessing with a view to supply a counterfeit CP Company jacket in April 2006.
M & V Designer 4 Less Ltd was dissolved in February 2006.
The Consumer Protection (Distance Selling) Regulations 2000 provide additional protection for purchases from businesses trading on the internet in the form of cancellation rights (for any reason) for up to seven working days from the day after delivery.

For political comment
Richard Smith (Conservative), Executive Member for Community Safety - 01438 714323
Michael Downing (Labour), Spokesman on Adult Care and Community Safety - 01438 213870
Michael Colne (Liberal Democrat), Spokesman on Public Protection - 0208 950 4613


For further information please contact: Andrew Dawson, Senior Press Officer on 01992 588516.