Clipsal and holding company, Schneider Electric South Africa have obtained a High Court order enforcing a Supreme Court of Appeal order against Gap Distributors, Lear Imports and Shimon Botbol. The High Court order declared that the respondents were in breach of a previous Supreme Court of Appeal order, where Gap Distributors had been interdicted from infringing registered design A96/0687 by making, importing, using, or disposing of the Lear G-2000 series single electrical socket SYZ - 16 (100 X 100) and double electrical socket S2YZ2 - 16 (100 X100). The respondents have been ordered to surrender all infringing articles in the their possession to Clipsal and Schneider Electric South Africa The High Court found that the electrical sockets sold by Lear Imports were imitations of the electrical sockets which formed the subject of the previous Supreme Court of Appeal interdict and that they also infringed the registered design. Furthermore, the High Court found that the use of Lear Imports by Gap Distributors to compete with Schneider Electric South Africa was an attempt to obstruct and evade the Supreme Court of Appeal order against Gap Distributors and that the corporate personality of Lear Imports had been abused. Says Schneider Electric South Africa Country President, Patrick Gaonach: “Copyright infringement is a serious offence and one on which Schneider Electric takes a strong position. We are satisfied with the outcome of the order.”
