Matmixen, a grocery store in Gävle, has been banned from selling rice branded as Abu Kass after being sued for trademark infringement by wholesaler Afia. The court ruled that Matmixen must cease sales and pay over 260,000 SEK in damages and legal fees.
Gävle Grocery Store Banned from Selling Counterfeit Rice
Gävle Grocery Store Banned from Selling Counterfeit Rice
Matmixen in Gävle was accused of selling counterfeit rice and faced a lawsuit. The verdict is now in: the grocery store is prohibited from continuing to sell the rice and must pay over a quarter of a million SEK.
Last spring, wholesaler Afia sued the grocery store Matmixen in Gävle for trademark infringement.
The dispute was over rice.
Afia imports and sells what it describes as "high-quality basmati rice" in jute bags from the brand Abu Kass. The brand is owned by the Saudi company Babaker, and Afia is reportedly the only company authorized to distribute the rice in the Nordic region.
Sued Grocery Store for "Counterfeits"
Last winter, Afia discovered that Matmixen had illegally imported, marketed, and sold rice in packages labeled with Abu Kass, which the wholesaler claimed were "pure counterfeits." They first sent a warning letter to the grocery store and then decided to go to court, demanding an injunction.
When Expressen reached Matmixen in connection with the lawsuit in April, store manager Ahmed AS Zourob stated that the rice was original and purchased from India, but they removed the bags when Afia complained.
"There is nothing in the store now, and I haven't sold anything for two months," said Ahmed AS Zourob.
Court's Statement
In the legal process, Matmixen admitted to Afia's claims regarding everything except the legal costs. They argued that Afia had "initiated an unnecessary lawsuit," as settlement discussions were ongoing when the lawsuit was filed.
Now that the verdict has been delivered, the Patent and Market Court announces that Matmixen is prohibited from selling and marketing rice under the Abu Kass brand. If they do, they face a fine of one million SEK. The grocery store must also pay approximately 260,000 SEK to Afia, of which 46,000 SEK is compensation for infringement and over 200,000 SEK covers legal costs.
"The Patent and Market Court does not consider that what has emerged about the settlement negotiations and the concessions Matmixen made in these means that Afia initiated an unnecessary lawsuit," the court writes.
The verdict can be appealed until October 10.