Businessman before court for allegedly selling counterfeit items

Businessman Leroy Fitzgerald Brathwaite, who is accused of selling knock-off merchandise, has opted to face a judge and jury on charges related to breaching the Trademark Act.

Brathwaite, 58, of Wanstead Heights, St James, appeared before the District ‘A’ Magistrates Court on Monday, accused of unauthorised use of NIKE, JORDAN, LOUIS VUITTON and PUMA trademarks and possession of goods bearing the unauthorised trademarks.

When Magistrate Kim Butcher called his case, the prosecutor Station Sergeant Randolph Boyce made a submission for the charges to be heard summarily in the lower court. That meant Brathwaite would have been able to enter a plea before Magistrate Butcher.

However, the accused’s attorney, Sian Lange, informed the magistrate that the defence wished to have the charges heard in the High Court.

“We wish to exercise the option of a jury trial,” the lawyer submitted.

The request was granted by the magistrate, making the charges indictable.

As such, Brathwaite, who is the uncle of Barbadian superstar and National Hero The Right Excellent Robyn Rihanna Fenty,  could not enter any pleas to the charges stemming from offences that were allegedly committed on September 7, 2021.

The businessman, previously known by the stage name Daddy I-Roy and later De Warrior, is alleged to have, with a view to gain for himself or another or with intent to cause loss to the registered owner of the NIKE trademark and without consent, did expose for sale 119 pairs of sneakers, 37 pairs of slippers, 48 jerseys, 28 vests, 209 pairs of socks, 15 hats, seven visors, eight bags, 287 T-shirts and seven pairs of pants which bore a sign identical to or likely to be mistaken for the NIKE registered trademark.

He is accused of committing a similar offence in relation to 11 vests, 28 belts, a hat, and 14 sunglasses bearing the LOUIS VUITTON registered trademark as well as one pair of sneakers bearing the PUMA registered trademark and 13 T-shirts, 11 pairs of sneakers with the registered JORDAN trademark.

Brathwaite is further accused of having in his possession, custody or control in the course of business, 514 pairs of sneakers, one sneaker, 301 pairs of slippers, 287 T-shirts, 80 jerseys, 28 vests, seven pairs of pants, 406 pairs of socks, 40 hats, seven visors, and eight bags which bore a sign identical to or likely to be mistaken for the NIKE registered trademark.

He is facing a similar charge regarding the LOUIS VUITTON trademark for11 vests, 16 pairs of socks, a hat, 70 sunglasses and 36 belts; as well as the PUMA trademark with one pair of sneakers and one sneaker; and 13 T-shirts, 165 pairs of slippers and one slipper with the JORDAN trademark.

Although not objecting to bail, Station Sergeant Boyce requested that the accused be required to report to a police station twice a week.

Brathwaite’s lawyer countered that no conditions should be imposed in the circumstances, but said if the court was minded to go that route, one day a week should suffice.

Brathwaite will now report to Central Police Station every Monday by 10 a.m.

In the meantime, he is on $8 000 bail which he secured with one surety. The accused will make his next appearance before the District ‘A’ Magistrates’ Court on November 16.