Counterfeit Victoria’s Secret ‘Pink’ raided

By S.S. Selvanayagam

On a complaint made by Victoria’s Secret Stores Brand Management Inc, a team of officers from the Criminal Investigation Department recently raided a large stock of counterfeit Victoria’s Secret ‘Pink’ garments from a location in Kelaniya.

At the time of the raid, it is reported that the counterfeiters were arranging the fake garments for export. The Complainant Victoria’s Secret Stores Brand Management Inc is a company globally famous in the fashion industry and a leading specialty retailer of lingerie and beauty products.

Having its headquarters in Columbus, Ohio, the company operates in more than 2,900 specialty stores across the US and has a large clientele worldwide who rely on the quality of their products.

It was confirmed by the Brand Protection team of the company that the garments seized at the raid were counterfeit. The material and the thread used by the counterfeiters were of poor quality and way below standard. The Victoria’s Secret trademark belonging to the complainant is a globally renowned trademark and belongs to no one else other than the trademark owner.

Sudath Perera, the legal counsel for the Complainant, stated that globalisation had brought the positives of increased commerce and opened up Sri Lanka for direct foreign investment, which was excellent for the country’s economy. However, due to Sri Lanka’s reputation of being a manufacturing base for garments, it had also opened up avenues for the production of counterfeit goods both for domestic sale and export, he said.

The sale of counterfeit products causes confusion, an unwary consumer is misled to believe that the product originates from the same manufacturer. The counterfeit product will never comply with the standards set out in the original and thus the loss of reputation caused to the rightful owner is irreparable and the economic loss to the country is colossal. Therefore maximum punishment must be meted out against those who wilfully infringe on the rights of others, he opined.

The sale of counterfeit goods is an infringement under the Intellectual Property Act No. 36 of 2003. Under the said act, if a person and/or persons are convicted, a fine up to Rs. 500,000 and up to six months imprisonment, or both may be imposed.

The case was taken up in the Magistrate’s Court of Colombo. The accused Ajantha Lakshman Dias was produced before the Additional Magistrate Ms. Deepthi Kodituwakku and released on bail. The accused was bailed out on two surety bonds of Rs. 100,000 each. Sudath Perera Associates appeared for the Complainant and the matter will be called on 21 November.