The First Division of the Civil Court, presided over by Chief Justice Mark Chetcuti, ordered the destruction of 2,400 pairs of counterfeit shoes that arrived in Malta last year.
Nike Innovate CV of Oregon USA, through its lawyer Antoine Camilleri, had filed a complaint against the Chinese company Jinhai Import and Export and against the SARL Bouzid Trad Annane Hachemi of Algeria. Attorneys Daniel Attard and Attorney Luisa Tufigno appeared for both companies.
The American company NIKE and Swoosh Design are trademarks used by the company on various products such as shoes, sandals, sportswear, caps and other products. Trademarks are registered as EU trademarks.
Evidence shows the shoes were unloaded in the port of Marsaxlokk from the APL AUSTRIA vessel, which entered Malta on May 17 last year.
Customs officers found a batch of 100 boxes, with a total of 2,400 pairs of shoes in one container. These shoes were suspected to be inauthentic and subsequent examinations proved them to be counterfeit shoes.
A report was filed by Laura Rizza, representing NIKE and Swoosh Design.
The Court declared that there had been a violation of the articles of the Cape. 414 and Article 9 of the European Union Regulation. He said all the allegations were supported by documents presented to the court, including an affidavit from customs officer Randolph Mizzi, which confirmed that the goods were kept in customs warehouses.
For these reasons, the Court declared that the consignments in question were counterfeit and declared goods, and that their entry into Malta would infringe the right of ownership of the company which made the request, insofar as they were not not authentic.
In addition, the court ordered customs to destroy the goods without any compensation within 90 days from the date of judgment and to pay all importers’ costs, including transportation, storage and destruction of the goods in question.