Fake ‘Victoria’s Secret’ perfumes dealers- Pettah traders fined Rs. 600,000

By Bhagya Silva

Colombo, Jan. 19 (Daily Mirror) - Colombo Additional Magistrate Lahiru Silva imposed a fine of Rs. 600,000 on three businessmen from Pettah, Colombo for possessing, selling and distributing imported counterfeit perfumes bearing fake labels imitating the world renowned brand “Victoria’s Secret.”

The fine was imposed after the suspects pleaded guilty at the preliminary stage to charges of violating the Intellectual Property Act by importing, storing, selling and distributing counterfeit Victoria’s Secret perfumes, while also depriving the State of due tax revenue.

The Additional Magistrate further ordered that all counterfeit items seized in connection with the case be destroyed.

The fines were imposed on representatives of three business establishments located in Colombo Pettah.

Appearing for the complainant, Counsel Deshan Hewavitharana, on the instructions of Sudath Perera Associates and in collaboration with the Colombo Divisional Crime Division, informed court that counterfeit products imitating the Victoria’s Secret brand are being manufactured and distributed fraudulently in several countries across the world. He further submitted that, based on complaints received regarding the sale of counterfeit perfumes in Sri Lanka that mislead consumers, the Victoria’s Secret Brand Management Company of the United States had lodged a complaint, following which the relevant goods were seized under a search warrant obtained from court.

Counsel stated that the suspects had caused financial loss to the State by undervaluing the imported counterfeit goods and evading due taxes, while unlawfully earning profits by selling products harmful to consumer health. He warned that such substandard products could cause damage to consumers’ skin.

It was further revealed that over 400 bottles of counterfeit perfumes were seized from the possession of the suspects and produced before court by the police.

Counsel Hewavitharana also submitted that, under Sections 184 and 186 of the Intellectual Property Act, the imitation of trademarks and the manufacture, possession and sale of counterfeit goods constitute offences and requested that fines of not less than Rs. 500,000 be imposed on each suspect. He further informed court that similar counterfeit goods had been seized from several shops in the Nugegoda and Dehiwala areas.

The representatives of the suspect institutions appeared before court and informed that they were willing to plead guilty at the initial stage and conclude the case summarily. They stated that the goods had been sold without their knowledge and requested leniency and the imposition of a minimum penalty.

After considering submissions from both parties, Additional Magistrate Lahiru Silva noted that the suspects had not wasted judicial time and had pleaded guilty at the first instance. Accordingly, he imposed a fine of Rs. 200,000 on each suspect, amounting to a total of Rs. 600,000 and ordered the destruction of the seized counterfeit perfumes.

The Magistrate further directed that the progress of investigations be reported to court on January 30. Counsel Deshan Hewavitharana and Lakshani Perera appeared in court.