An appeals court has confirmed a sentence handed to a woman who had been conditionally discharged over copyright infringement related to the sale of Playmobil figures on the internet.

The case dates back to 2009, when Victoria Vassallo was charged following complaints from Playmobil manufacturer Brandstätter Group.

The company had claimed that the woman was selling its figures as part of set which was not part of its line of products, on Ebay, without its consent.

In its decision the first court had found her guilty of just one charge – that of failing to seek authorisation from the company for including their product in her sets. The Attorney General, however, filed an appeal, seeking her conviction over the other counts.

During proceedings, the online seller had described herself as an avid Playmobil collector for some 30 years, who had been “obsessed” with toys. The accused had even exhibited in court a model, which consisted of miniature court room complete with all figures representing a magistrate, the prosecution and the defence.

In its decision the Criminal Appeals Court presided by Madame Justice Edwina Grima noted that the accused had in fact been selling Playmobil products but as part of a larger set not bearing the registered trademark.

However, the court pointed out that the woman had failed to indicate to consumers that she was not selling products on behalf of Brandstätter Group and that she had no links with the company.

For this reason, the court turned down the AG’s appeal and confirmed the sentence handed down by the first court through which she had been conditionally discharged for six months. Lawyer Joe Giglio was defence counsel.