KARACHI: The Directorate of IPR Enforcement South has seized a consignment of empty fragrance bottles along with the ancillary components, which was imported from China by M/s Ashraf Traders as the bottles were carrying well-known marks.
M/s Ashraf Traders imported 276,604 empty fragrance bottles in addition to their parts such as bottle caps, spray-pumps from China and sought clearance through MCC Appraisement East.
Deputy Director Hina Gul, on the directives of IPR Enforcement Director Aamir Rasheed Shaikh, held up the goods on grounds of containing counterfeit/infringing goods, a conclusion arrived at by comparing the packing list filed by the owner of the goods alongside the goods declaration, and the images of empty class bottles uploaded by the Customs staff after examination of the consignment.
The samples of the infringing goods were requisitioned from the clearance collectorate and the trademarks oriented thereon compared with the corresponding trademarks in the IPO recordation database, the repository of trademarks registered in Pakistan.
The seized bottles carried infringing marks such as Polo Ground, which is similar to original mark Polo; Donhill, which is similar to original mark Dunhill; Desire, which is similar to original mark Dunhill Desire; Huge/Boss, which is similar to original mark Hugo Boss; La Cost, which is similar to original mark Lacoste and Cold Water, which is similar to original mark Cool Water.
Acting within their domain, Directorate of IPR Enforcement sent the images of infringing goods to the respective right-holders in term of Rule 682(3) of the Customs Rules, 2001, to solicit their response and willingness to initiate enforcement action against the owner of the goods. the right-holders confirmed the infringing goods to be counterfeit and authorized enforcement action.
Subsequently, Directorate proceeded to individually examine each case including the registration particulars of all the trademarks. It was found that the seized bottles are specifically hit by Section 40(4)(a) ibid, which prohibits use of registered trade mark as trade name or part of trade name and by section 40(5) ibid whereby if the trade mark is a well known trade mark, or has a reputation in Pakistan and the use of the mark being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark. The goods were accordingly seized.