The Court of Appeal has held that the sale, distribution, or possession with a view to either sale or distribution of "grey" or parallel goods (goods which are genuine but the disposal of which is not authorised by the trade mark owner) can be considered a criminal offence under s.92(1)(b) or (c) of the Trade Marks Act 1994.

In R v C and others [2016] EWCA Crim 1617 the defendants, who were allegedly involved in the sale of various "grey" goods, argued that a criminal offence could not be committed under s.92(1)(b) or (c) if the goods were not counterfeit.

The Court of Appeal disagreed and confirmed that s.92(1)(b) or (c) apply to "grey" goods as well as counterfeits.