SYDNEY: G-Star has successfully taken legal action against a retail chain for selling counterfeits of its products.
Young fashion store Urban Culture was found to have stocked counterfeit G-Star denim in its stores, including two stores located in Westfield Shoppingtown centres in NSW.
G-Star became aware of the counterfeit goods in March this year and issued legal proceedings in the Federal Magistrate Court of Australia against Urban Culture Pty. Ltd. and its director Abdul Salam Auieda.
The international denim company alleged that Urban Culture and its director had in this instance committed acts of trade mark infringement, copyright infringement, misleading and deceptive conduct and the tort of passing off.
Last week Federal Magistrate O'Dwyer ordered that a total damages payment of $90,727 go to G-Star. This comprised $5,727 to cover lost sales from approximately 100 branded counterfeit items sold, $35,000 for damage to G-Star's brand reputation and $50,000 to deter similar conduct in the marketplace. G-Star, represented by law firm Middletons, was also awarded legal costs.
Middletons partner Tony Watson said the result was great not only for G-Star, but for other brands in the fashion industry.
"G-Star takes the issue of counterfeit products very seriously and are very pleased to see that an Australian court has supported their standpoint," he said.
Watson said G-Star has set up a customs program working closely with the Australian Customs Service to monitor and seize shipments of counterfeit G-Star stock being imported into Australia. It will continue to monitor market stalls and retail outlets for the sale of counterfeit G-Star products.
Netherlands based G-Star is known for innovative denim styles and the label is sold in over 5500 outlets around the world. It runs franchise stores in Australia and is also stocked in Myer and David Jones.