Producer raises stink over counterfeit disposable nappies

AN INTERDICT granted in the Pietermaritzburg High Court yesterday has put a stop to counterfeit “Sunfree” logo nappies from being sold.

Chen Lu Fragrances, based in Durban North, secured an order to stop Samuel’s shop and Samson Tesfazghi, of Kokstad, from infringing on its trademark.

Court papers said that the fragrance company was the manufacturer and distributor of a range of disposable baby nappies that bore the Sunfree logo trademark.

During a private investigation in September last year, Chen Lu Fragrances was informed that the shop was selling and offering for sale, and/ or distributing, counterfeit disposable baby nappies with the Sunfree logo trademark.

In December last year, a search-and-seizure warrant was obtained by police from the Kokstad Magistrate’s Court to conduct a search-andseizure operation at the shop.

Police seized 2 079 nappies and they were taken to a counterfeit goods depot in Phoenix. Chen Lu’s sales manager examined all the seized goods and confirmed they were counterfeit.

The papers further said that the use of the trademark would cause damage to the company’s reputation. Also, its use was likely to take unfair advantage of, or be detrimental to, the distinctive character or reputation of the well-known trademark. This amounted to trademark infringement.

“The offending goods imitate the protected goods of the plaintiff in such a manner and to such a degree that the offending goods are substantially identical copies of the protected goods,” said the papers.

There were no replying papers.