High court judge, Brian Cottle, has granted an “injunction” restraining LJ Productions Inc, owned by Linton Joseph, “whether by themselves, their servants and or agents” from utilizing the registered trademark “More Sewo” which bears the registration number 161/2009 and registered in the name of Arturo Bellot of 89 River Street, Roseau.
Joseph of LJ Productions Inc was taken to court by Bellot trading under the name “style of H2OUSE Films” for using the trademark name “More Sewo” which is registered in his name since 2009.
Joseph failed to file a defense and as a result judgement in default was given in favour of Bellot in August 2010.
Bellot in a sworn affidavit dated May 10, 2013 states that on May 7, 2013 he saw Joseph’s DVD on sale at Cork Street, Roseau. “They were being sold by one Rasta at a price of EC$25.00 I also saw the DVD’s being sold outside of LIME by David Daniel at a price of EC$25.00,” Bellot deposed.
He stated that he believed that Linton “willfully, deliberately and with intent to deceive members of the public, plotted, schemed and planned to steal valuable goodwill in the registered Trademark “More Sewo” to receive benefit therefrom by seeking and obtaining sponsorship from DIGICEL where he had sought sponsorship and representing himself to be the brainchild of ‘More Sewo.'”
According to documents filed in civil suit ‘DOMHCV2010/0125’ Bellot is the registered owner of the trademark “More Sewo” since 2009 and has been using the mark as a label on DVD’s in which he video records carnival activities and other parties and sells the same to members of the public.
From March 2010 Linton has been offering for sale to members of the public DVD’s with words colourably similar to that of Bellot and his actions have caused Bellot to suffer loss and damages, according to the court documents.
The court last week ordered for delivery or destruction upon oath of all DVD’s “printed or written matter, packaging, labels or activities in possession, custody or control of Linton the use of which would be ‘a breach of the forgoing injunction.’”
Bellot was also awarded cost in the sum of $1,000 and was represented in the matter by attorney at law Wayne Norde.
Darius Jones represented Linton Joseph in the matter.