Local sweet shop in hot water over trademark usage
A local sweet shop owner has found themselves in legal hot water as Trading Standards takes action against them.
1 year ago 1 minute read 2,108 viewsA local sweet shop owner has found themselves in legal hot water as Trading Standards takes action against them.
The owner of Mollies Sweet Shops, Mr. Alan Price, has been ordered to pay a substantial sum of over £10,000 following their prosecution by Powys County Council.
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The case centers around the sale of chocolate bars bearing the 'Wonka' name, which lacked the essential allergen information presented in the correct format.
Appearing before the Llandrindod Wells Magistrates Court on Wednesday, August 16, Mr. Price, trading as Mollies Sweet Shops, admitted to ten charges under the Trade Marks Act 1994 and the Food Information (Wales) Regulations 2014. The council's Trading Standards Service spearheaded the prosecution.
The court proceedings highlighted that the 'Wonka' logo is a registered trademark, and affixing it to any product without proper authorization from the trademark holder constitutes an offense. Mr. Price was found to have affixed the 'Wonka' logo to chocolate bar labels, which were subsequently supplied to Mollies Sweet Shops in Newtown, Ludlow, Telford, and Chester.
The court further revealed that the allergen information displayed on the labels was not presented in the appropriate format, thereby posing a direct safety concern to individuals with milk and soya allergies.
Repeated efforts were made by a Trading Standards Officer to provide advice and guidance to the business on complying with the law. Unfortunately, despite these numerous attempts, it was discovered that the same non-compliant product was being sold beyond the borders of Wales. This transpired despite assurances from the business that all 'Wonka' bars had been withdrawn from sale across all Mollies Sweet Shops locations.
As a result of the legal action, Mr. Price has been fined £7,200 for the offenses. Additionally, he has been directed to cover £3,000 in costs and a £190 victim surcharge.
Cllr Richard Church, Cabinet Member for a Safer Powys, said:
"This case demonstrates the value of the work that Trading Standards does. It is their aim to protect members of the public who suffer from allergies, at the same time Trading Standards are protecting brand holders to ensure a wider resilient and healthy economy. Despite attempts by Trading Standards to provide advice and guidance to the business owner, this was ignored, which is why this case was brought to court.”
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