Store ordered to stop selling fakes
Counterfeit items seized from Pier 14 boutique
THREE major retailers have succeeded in a Port Elizabeth High Court application against a store at the Pier 14 Shopping Centre which has been dealing in counterfeit goods.
Earlier this month the court granted an order in favour of Adidas, Puma and Truworths which filed three separate applications against Mama Boutique and its owner, Ndiaye Mouhamed.
According to court papers, the store had been selling goods which infringe on the trademarks of the three retailers.
The use of the trademarks, which resembled or were identical to their own, was likely to deceive or confuse customers.
The three retailers said the store would possibly “persist in engaging in unlawful competition by dealing in counterfeit goods” unless precluded from doing so by the court.
Judge John Smith also ordered that the boutique and Mouhamed be restrained from infringing on the trademarks and that there should be an inquiry into the amount of the damages or royalties that should be awarded.
Mouhamed is also required to disclose the source of the counterfeit goods as well as the identities of people involved in the manufacture, production, distribution and sale of the goods.
According to court papers, the counterfeit goods were seized by South African Revenue Service (SARS) officials on November 19 last year. Counterfeit Adidas goods seized included 12 Climacool T-shirts, 13 tracksuits, 15 pairs of sandals and 62 pairs of sneakers. Counterfeit Puma goods included six pairs of sandals and 31 pairs of track pants.
Counterfeit goods from the Truworths men’s label Uzzi included 13 pairs of jeans and four pairs of sneakers. The goods were discovered in October last year.
Pier 14 Shopping Centre manager Sonja de Necker said they were disturbed to learn about the court applications against one of their tenants and said they had no idea counterfeit goods were being traded at the store.
“We have a very strict lease agreement which includes a clause where any tenant cannot contravene the law. If there is proof we will have to notify him of this breach. If he is still trading these goods we could decide to cancel his lease or he could choose to give notice,” she said.
She said if the goods had already been seized it had been done in a discreet manner.
Numerous attempts to obtain comment from Mouhamed were unsuccessful.