MANILA, Philippines - The Court of Appeals (CA) has ordered the indictment of two officers of Kentex Manufacturing Corp. over the production and sale of “Havanas” sandals, which are alleged knock-offs of the popular Brazilian brand Havaianas.
In a 10-page decision released yesterday, the appellate court’s Fifth Division reversed the 2013 resolutions of the Caloocan City Prosecutor’s Office and the Department of Justice (DOJ) dismissing the complaint of Brazilian firm Sao Paolo Alpargatas S.A. against Kentex general manager Ong King Guan and corporate secretary Mary Grace Ching.
The CA held that the DOJ committed grave abuse of discretion in affirming the dismissal of the petitioner’s complaint.
It ordered the Caloocan City prosecutor to file the case against the Kentex executives for violation of Republic Act 8293 or the trademark infringement law.
The CA ruling was penned by Associate Justice Ramon Paul Hernando.
In its complaint, Alpargatas alleged that Kentex’s Havana sandals are imitations of its Havaianas brand.
However, the Caloocan fiscal and the DOJ did not find probable cause to warrant the filing of the case in court, prompting the firm to elevate the matter to the CA.
The slipper factory lost at least 72 workers to a deadly fire earlier this year in Valenzuela City.
Terrence King Ong, operations manager of Kentex, is facing preliminary investigation in the DOJ along with Valenzuela Mayor Rex Gatchalian and other respondents over the incident.