Trader sold unofficial poppy brooches for own profit on Stanley market

Barry Downs, a long time trader at Stanley Market, in County Durham, was caught selling poppy brooches, similar to those sold by the legion in England and Scotland, on his stall last November.

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The 64-year-old, from Kimblesworth, in Gateshead, pleaded guilty to seven charges of trade mark infringements when he appeared at Newton Aycliffe Magistrates’ Court.

Barry Downs leaving court on Wednesday

The court heard officers from Durham County Council’s trading standards team visited his stall on November 2 last year following complaints from members of the public.

They found 287 brooches on the stall, and a further 182 in his car, which were being sold for up to £2.99.

Sarah Griggor, prosecuting on behalf of the council, told magistrates Downs had told officers he was not associated with the Royal British Legion.

The legion runs a poppy appeal each November to raise money for veterans and their families, and owns several trade marks relating to the flowers.

The court heard Downs told officers he assumed it was ok to sell the poppies because they were widely available on the internet.

He had got some of the items from a wholesaler in Manchester, while he had swapped others with a man, whom he did not know, for some of his other stock, earlier in the day.

Bill Davison, mitigating, said: “He should have made more inquiries but he did not.

“He accepts he knew there were some copyright poppies. He did not make enough inquiries from the wholesaler or man he bought them from.

“You are not looking at someone who is involved in a national scam but one trader."

He added: “No poppies had British Legion marks but it’s the shape of the poppy that’s the copyright.”

Downs, of Coltspool, has been a trader at Stanley market for more than 30 years, usually selling brooches, key rings and similar items, and has no previous convictions.

He will have to do 80 hours of unpaid work and pay costs of £950, as well as a victim surcharge of £85.

Speaking after the hearing, Downs said: “I apologise profusely. It happened unintentionally. If I had known I wouldn’t have doen it.”

After the case, Peter Milne, community fundraiser for the Royal British Legion in County Durham, said: "Money which is given to unscrupulous traders simply deprives the legion of the opportunity to provide help and support to the armed forces community across a wide range of areas from benefit, money and debt advice to war pensions and care homes."