The High Court in Suva has ordered Deluxe Footwear Pte Ltd to stop selling Cebo brand sandals after Payless Shoes Pte Ltd launched a legal action claiming the former was selling fake versions of the footwear.
Justice Senileba Levaci said in her ruling on February 27 that a trial would verify evidence if the sandals were fake.
“I conclude that the similarity in the name is likely to cause confusion in the minds of the reasonable purchasers,” said Justice Levaci.
“The cheaper product of the defendant (Deluxe Footwear) could elbow the plaintiff out of the market together. I do not believe the damages would be adequate remedy. The extent of damages may be very difficult to prove.
“I grant injunction but limited to the name only. The orders I propose to make will not prevent the defendant from trading in sandals as any such prevention could affect the livelihood of the defendant.
“The orders I make are directed at the prime source of deception and confusion it may cause to the customer.
“The application for interlocutory injunction is granted and the defendant, his agents or servants and employees are stopped from selling the footwear under the name Cebo which are not owned by the applicant/plaintiff (Payless Shoes).
“The defendant to remove all footwear under the name of Cebo in their possession.”
