Commercial Crime Court in Johannesburg imposes heavy sentence on counterfeiter

There has been an increase in the number of decisions emanating from our courts confirming the view that counterfeiting is a serious offence and that appropriate sentences will be implemented as a deterrent and punishment to people who deal in counterfeit goods.

A factory was recently discovered in Rosettenville, Johannesburg, manufacturing counterfeit caps.  Thousands of caps and hundreds of tags and labels bearing the LACOSTE trade marks were seized.  In addition, a large industrial embroidery machine that was being used to apply the infringing tags and labels to the caps was also seized. 

Mr Hlongwei Tu was found guilty of dealing in counterfeit goods and was sentenced to a fine of R120 000.00 or 60 months imprisonment of which half the fine and term of imprisonment was suspended for 5 years provided he is not found guilty of dealing in any counterfeit goods in the suspended period. 

This is by any measure a good sentence and will hopefully serve as a deterrent to others that counterfeiting is seen as a serious crime and that the authorities will be cracking down on all such crimes especially as we come closer to the 2010 FIFA WORLD CUP. 

Marilyn Krige
Partner
mk@adamsadams.co.za