CA orders indictment of Kentex officials over imitation Havaianas

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São Paulo Alpargatas filed a complaint for trademark infringement alleging that Kentex's "Havana" slippers were imitations of the marks owned and registered under its name.

Metro Manila (CNN Philippines) —Metro Manila (CNN Philippines) — The Court of Appeals (CA) ordered the indictment of the officers of the Kentex Manufacturing Corp. for trademark infringement.

Kentex owns the Valenzuela factory that was destroyed by fire, which killed 72 people.

Related: Valenzuela mourns as more bodies found in gutted factory

In the decision released last October 14, the appellate court's Fifth Division granted the petition filed by Brazilian-based company São Paulo Alpargatas — which in effect reversed a resolution by the Department of Justice (DOJ).

The Brazilian company filed the complaint against Kentex officers for allegedly offering and selling to the public their slippers that were imitations of the Havaianas brand.

The complaint was filed at the Office of the City Prosecutor of Caloocan City against Kentex treasurer/general manager Ong King Guan and corporate secretary Mary Grace Ching.

The company alleged that Kentex's Havana slippers were imitations of the marks owned and registered under its name.

However, the Office of the Prosecutor dismissed the complaint. The DOJ also ruled in favor of Kentex.

But the appellate court ruled that there clearly exist facts sufficient to "engender a well-founded belief" that the offense of trademark infringement has been committed.