Michael Lam, of Strathfield South, was ordered to pay $17,180 fines and costs in Parramatta Local Court on 2 May, following his conviction over the possession of goods bearing false Manchester United and Nike trademarks.
The court heard the defendant was offering for sale a variety of football jerseys from various codes including soccer, rugby league and rugby union. Mr Lam also offered clothing for sale depicting Manchester United and Nike emblems.
In June 2012, investigators conducted an inspection of the defendant’s retail stall at Paddy’s Markets and issued Mr Lam an official warning directing him to cease selling the clothing with the false Manchester United and Nike logos.
In October 2012, investigators conducted a second inspection of the defendant’s retail stall. During this inspection, investigators once again discovered Mr Lam was offering to supply the clothing depicting the Manchester United and Nike logos. He was issued with a further warning letter to cease trading in these goods.
On 12 July 2013, investigators conducted a third inspection of the defendant’s retail store. The inspection revealed he was continuing to offer the goods for sale. A final warning letter was issued to the defendant to cease trading in the goods.
On 17 July 2013, a representative from Nike Australia accompanied Fair Trading investigators to Mr Lam’s stall where a further inspection was conducted. During the inspection the Nike representative purchased a number of sample garments depicting the Nike ‘swoosh’ and Manchester United logos.
The Nike brand experts examined the goods and deemed the items to be counterfeit, noting their poor quality and incorrect labelling.
On 18 July 2013, NSW Police, in the company of Fair Trading investigators and Manchester United and Nike fraud control representatives, executed a search warrant at the defendant’s
stall and a selection of apparel and towels were seized.
The following items were seized under the search warrant:
13 Manchester United branded Jackets 17 red coloured Beach Towels emblazoned with the Manchester United Crest 10 Manchester United branded baseball caps 24 Manchester United branded soccer jerseys
1 Manchester United branded collared polo shirt 21 Manchester United branded pairs of soccer shorts10 Nike branded pairs of soccer shorts
11 Nike branded pairs of soccer jerseys Acting Fair Trading Commissioner Robert Vellar welcomed the conviction.
“Mr Lam was given three warnings to cease selling the counterfeit goods but chose to ignore those warnings,” he said.
“Retailers who persistently flout the law can expect to receive hefty fines similar to the one meted out to this rogue trader.”