US firm sues sellers of fake Irwin tools

MANILA, Philippines - An American company that manufactures and supplies the local market with industrial tools has sued five hardware stores for trademark infringement after they were found selling counterfeit products bearing the US ‘Irwin’ trademark.

US-based Irwin Industrial Tool Co. filed criminal complaints against the owners of four hardware stores in Cavite and one in Makati after police seized fake diamond cutting wheels from their shops in separate operations last year.

They are allegedly engaged in the sale and distribution of counterfeit “Irwin” products, an infringement of the US company’s registered trademark, and a violation under the Intellectual Property Code of the Philippines, according to the complaints.

Irwin is owned by parent Newell Rubbermaid Co., a huge conglomerate listed on the NYSE with annual sales of $6 billion. The Irwin brand is also registered with the Philippines’ Bureau of Trademarks.

The cases said Irwin’s economic and property rights over its registered trademark were clearly violated after the local stores “offered and sold merchandise that are counterfeit, fake and mere imitations of the Irwin products”.

The shops distributed fake Irwin products, displayed them on their racks and kept stocks in their warehouses, the complaints said. The company is seeking P500,000 in damages and P250,000 in attorney’s fees in each of the five complaints filed through the Hechanova Law Office,  its legal representative in the cases.