Two businessmen from south Trinidad have been given the green light to sue the Comptroller of the Customs and Excise Division over a decision to extend the time for United States sportswear company Nike to sue them for breach of its trademark in relation to a shipment of allegedly counterfeit footwear and apparel.
In a decision issued on Monday, High Court Judge Ricky Rahim granted Yunping Lin and Jaifeng Su, trading as New Choice Trading Company, leave to pursue their judicial review lawsuit over the decision.
According to their court filings obtained by Guardian Media, the issue arose after the duo attempted to import their shipment on or around May 27.
On June 22, while they were attempting to clear their shipment, they were informed that it would be detained due to suspicion that they were in breach of the Trademark Act.
The duo’s lawyers exchanged several pieces of correspondence with the division over the detention of the shipment before they were served with a notice of seizure made on July 29.
Under the notice, the division indicated that the seized goods would be released if Nike Innovate CV did not initiate High Court proceedings against the duo and the company within 10 days.
Several days later, Nike’s attorneys wrote to the duo’s legal team and indicated that it had filed a notice of objection to the duo’s importation but not a lawsuit.
On August 23, the division wrote to the businessmen and informed them that it had extended the time for Nike to initiate its court proceedings.
In the proposed lawsuit, the duo is claiming that the extension was unlawful and the goods should have been released.
“The aforementioned seizure notice gave 10 days to institute a claim; the legislation requires that time must be extended within the notice period in order for it to be intra vires and/or lawful,” the duo’s lawyer Stefan Ramkissoon said.
“However, the said notice to extend time is dated August 11, which is three days outside the notice period,” Ramkissoon added.
He claimed that the extension was irrational, arbitrary and disproportionate.
Through the lawsuit, the duo is seeking a declaration against the extension and an order compelling the release of the shipment.
They are also seeking compensation for the seizure and continued detention of their goods.
A case management conference is scheduled to be held on October 21.
The duo is also being represented by Dinesh Rambally and Kiel Taklalsingh.