Kota Kinabalu: A 51-year-old shop owner was fined a total of RM12,200 or four months’ jail by the Sessions Court Friday on two counts of having for sale jersey and footwear that were falsely branded as Adidas and Nike.
Lim Foh Kun pleaded guilty before Judge Elsie Primus to having 122 pieces of the fake goods at a business outlet – Sport Tech Trading, Jalan Sabar, Hong Pin Plaza, in Kota Belud - at 10.30am on Aug 19, this year.
On the first count, Lim admitted to having 43 pairs of shoes, 21 pieces of jersey and nine pairs of sandals falsely branded as Adidas.
On the second count, he pleaded guilty to having 35 pairs of shoes, 12 pieces of jersey and 12 pairs of sandals falsely branded as Nike.
The court ordered Lim to pay a fine of RM100 on each item or two months’ jail on each count.
Lim was charged under Section 102(1)(c) of the Trademarks Act 2019, which is punishable under Section 102(1)(ii) of the same Act, which carries a maximum fine of RM10,000 for each item or imprisonment of up to three years, or both, if convicted, while the second or subsequent offence carries a fine of not exceeding RM20,000 for each good bearing the false trade description, or a maximum five years’ jail, or both, on conviction.
Prosecuting officer Gunasegaran Krishnan from the Domestic Trade and Consumer Affairs Ministry (KPDNHEP) told the court that department’s enforcement unit from Tuaran seized the goods from Lim’s shop during an inspection on Aug 19.
Lim, who was not represented, requested for a lenient sentence, saying he was truly remorseful and regretted to have caused so much trouble to anyone for committing the offence, adding it was his first offence.
Lim told the court that the items were actually from old stock since last year and they were not sold due to the Covid-19 Movement Control Order since March this year.
He also said he was the sole breadwinner of his family with six young children, adding he would not commit a similar offence in future.
Lim said the current Covid-19 situation greatly affected his business as his income fell 70 per cent, and hoped not to be imprisoned and given the opportunity to continue his business because he has many expenses to meet.
In meting out the sentence, the court held that it took into consideration Lim’s plea at the first instance and saved the court and everyone time.
The court also ordered the seized items to be disposed of by the prosecution.
