The Caribbean Court of Justice (CCJ) yesterday dismissed the appeal of a storeowner convicted of trademark offences.
In a 3-2 majority judgment, the Trinidad-based court turned down the appeal of Grenville Ricardo Delpeache, the sole director of Ouch Boutique Ltd on Swan Street, The City, and in whose store counterfeit Puma items were sold.
Delpeache operated the store and was on the premises when the counterfeit items were seized by police. He was subsequently charged with three offences under the Trademarks Act and convicted.
The issues before the CCJ were whether the charges brought against Delpeache personally should have been against the company, which in law is its own person; whether Delpeache should have been charged for being complicit in the crimes that were allegedly committed by the company, and whether the Commissioner of Police should have obtained the direction of the Director of Public Prosecutions (DPP) before bringing the prosecution.
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