A Chinese businessperson who was accused of dealing in thousands of Eversharp counterfeit ball pens was last Friday found not guilty and acq...
A Chinese businessperson who was accused of dealing in thousands of Eversharp counterfeit ball pens was last Friday found not guilty and acquitted. Faxin Guo (61), owner of Lamhill Trading (Pvt) Ltd Company, was taken to court by Eversharp (Pvt) Ltd Zimbabwe, for importing fake Eversharp ball pens branded with the company’s trademark name and supplying the product to the market.
In passing sentence, Harare magistrate Ms Rekina Dzikiti said it would be harsh to charge Guo for the fake merchandise as Guo had imported the product for resale, without knowledge that it was counterfeit.
“The accused had no way of knowing that the pens were not original. It took Kiribon Moyo a laboratory test to identify a fake pen from a genuine pen. It’s not clear from the naked eye,” Ms Dzikiti said.
The complainant in the matter was Eversharp Zimbabwe represented by its Safety, Environment and Quality superintendant Mr Kiribon Moyo.
Allegations were that on July 4 this year, Mr Moyo received a phone call pertaining to the issue of counterfeit Eversharp pens. A client expressed dismay after purchasing sub-standard Eversharp ballpoint pens at Guo’s shop located at No. 35 Rezende Street in Harare.
Prosecutor Mr Michael Reza alleged that Moyo instituted investigations into the matter and subsequently made a follow-up at the Chinese national’s shop, in a bid to verify. He bought a box containing the counterfeit pens at Guo’s shop at a price of US$4 and took them for testing at Eversharp laboratories.
After the tests, Mr Moyo discovered that the pens were not a genuine product of his company, though they had exactly the same features as those of the authentic brand leading to Guo’s arrest. Herald
In passing sentence, Harare magistrate Ms Rekina Dzikiti said it would be harsh to charge Guo for the fake merchandise as Guo had imported the product for resale, without knowledge that it was counterfeit.
“The accused had no way of knowing that the pens were not original. It took Kiribon Moyo a laboratory test to identify a fake pen from a genuine pen. It’s not clear from the naked eye,” Ms Dzikiti said.
The complainant in the matter was Eversharp Zimbabwe represented by its Safety, Environment and Quality superintendant Mr Kiribon Moyo.
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| Chinese man accused of dealing in Eversharp counterfeit ball pens found not guilty and acquitted. |
Prosecutor Mr Michael Reza alleged that Moyo instituted investigations into the matter and subsequently made a follow-up at the Chinese national’s shop, in a bid to verify. He bought a box containing the counterfeit pens at Guo’s shop at a price of US$4 and took them for testing at Eversharp laboratories.
After the tests, Mr Moyo discovered that the pens were not a genuine product of his company, though they had exactly the same features as those of the authentic brand leading to Guo’s arrest. Herald
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