Businessman fined $250,000 for unauthorised use of trademark
KINGSTON, Jamaica — A businessman who was selling products, including oil he believed to be sourced through Chevron, was on Tuesday fined $250,000 or 30 days in prison.
Appearing before Senior Parish Judge Sanchia Burrell in the Kingston and St Andrew Parish Court, 36-year-old Kemar Coke pleaded guilty to unauthorised use of trademark.
According to court documents, officers visited a premises owned by Coke where they observed containers with car parts and oil. Further checks were made and it was revealed that the oil discovered amounted to 262 five-gallon buckets of the product.
The accused, who operates a retail business selling truck parts and other items including oil, told officers that he bought the items from a supplier he found online who sells cheaper oil through what he believed to be Chevron.
Pleading his case, his lawyer argued that based on his personal interactions with the supplier, the source appeared to be “loose”.
He further argued that Coke had no previous convictions and has been very cooperative with law enforcement in the matter.
Agreeing that Coke’s cooperation “speaks volumes” and making the point that the goods were processed through customs, judge Burrell said “I have to take into consideration that you are a 36-year-old who is trying to operate a business and trying to find cheaper supplies.”
She noted however that his desire to find cheaper supplies did not relieve him of his responsibility to provide quality products.
“It is your responsibility to ensure you are not selling bad products to clients…Bad products mash up car engine,” Burrell said.
Coke was sentenced and given a stern warning.
“Sir, don’t do it again. Be very careful,” the judge told him.
— Kelsey Thomas