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Fake Piccadilly shoes seized in the battle of the shoe stores
In a case which clearly highlights the problem facing Guyana with fake goods, officials yesterday seized 278 boxes of fake brand-name Piccadilly shoes from The Discount Store at 102 Regent Street as two major footwear businesses clashed.
The boxes were only found after a search of the attics. When the Marshals entered, the proprietor of the store presented a few pairs of the shoes and claimed that those were all at the business.
However, when the court officers conducted a thorough search of the premises they found a few hundred boxes of the shoes stacked on high shelves and almost hidden from view. The seized shoes are now awaiting court orders to be destroyed.
Delores Thompson, Manager of Bhena’s Footwear, said that her establishment was embarrassed when people encountered problems with the fake shoes that they bought. She said that it affected the genuine product her establishment marketed.
Yesterday, the Marshals and police descended on The Discount Store, acting on an injunction by Chief Justice Ian Chang to the Brazilian makers of “Piccadilly” shoes, sandals and clothing, A. GRINGS S.A. Bhena Lall, owner of Bhena’s Footwear, is the local agent for the footwear and clothing line.
The injunction orders the seizure of all the fake shoes and sandals until a hearing set for August 8.
The case was filed against RNK Investments International Inc. of 102 Regent Street, owned by Rizwan Nayeam Khan and Bibi Sheherazad Khan. The last two are directors of RNK Investments which trade under the name of The Discount Store.
In addition to the injunction, the Brazilian company is asking for an enquiry to determine damages, or if possible, an account of all profits. Interest and costs were also demanded.
In an ex-parte application for the interim orders, Bhena Lall, as the local agent, claimed in a sworn affidavit that she is the sole agent for the Brazilian’s “Piccadilly” shoes, sandals and line of clothing since 1999.
The affidavit claimed that the defendants infringed on her right by importing counterfeit, cheap and low quality footwear from China and retailed it under the Plaintiff’s trademark, “Picadilly”.
Lall said that after becoming aware of the activities, she bought footwear at The Discount Store in January and in June for which bills were issued. Both were tendered at the court hearing for the injunction.
It was clear that the shoes were fake since it was of low quality and the word “Picadilly” was mis-spelt, the affidavit argued.
According to Lall, she had spoken to the second name defendant, Rizwan Kkan who although admitting the shoes were counterfeit, also “informed me that I could do whatever I liked.”
The affidavit claimed that the defendants also have warehousing facilities at Camp Street and at High Street, Kingston, with more shoes stored there. The Khans were also preparing to clear three more containers.
Delores Thompson
Lall argued that the infringement of her trademark is causing her business irreparable damage in both goodwill and reputation and unless the defendants were restrained her business will continue to face more damage.
Fearing that the defendants will attempt to move and conceal the counterfeit shoes and sandals and all evidence relating to the importation of the same goods, Lall asked for court orders to have the shoes delivered to her business, pending destruction.
She alternatively asked for the name “Picadilly” to be erased from all shoes, sandals and clothing that are in the defendants’ possessions.
Lall also claimed that the Plaintiff, A. Grings S.A., has assets in excess of US$200M and capable of making payments if the court, instead, finds damages against it.
The Discount Store was a hive of activities from early morning. Pavement vendors grabbed their articles at the sight of the Marshals and the police. They only relaxed when they realised that the object of attention was The Discount Store.
For the entire morning the court officers kept unearthing boxes upon boxes of shoes, each box containing 12 pairs of shoes.
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