The Mercury

Producer raises stink over counterfei­t disposable nappies

- Sharika Regchand

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.

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