Case against Jayendra Baldevbhai was dropped in court.
AB Wire
An Indian American deli manager in New York, Jayendra Baldevbhai, has sued the New York Police Department (NYPD) for wrongful arrest, after he was arrested for allegedly selling fake Burberry umbrellas, which was eventually thrown out in court for not being the case.
Baldevbhai, a Nolita deli manager, was arrested for selling the fake Burberry umbrellas — even though the Tartan plaid pattern and packaging were dramatically different from the tony British brand, a new Manhattan federal lawsuit alleges, reported the New York Daily News.
Baldevbhai was working at Spring Mart, located at Mott and Spring Sts. on May 20, 2015 when several plainclothes officers walked into the shop and meandered around for some 30 minutes, scrutinizing the store’s many items.
Among the items was an umbrella with a black, red, and gray Tartan plaid print, sold under the “prominently-affixed label ‘CONCH UMBRELLAS AMERICA CORP,'” court papers say.
The classic Burberry umbrella, on the hand, features a “light tan, dark tan, light brown and dark brown” pattern, the suit says.
Burberry umbrellas also do not feature a label reading “CONCH UMBRELLAS AMERICA CORP,” Baldevbhai’s lawyer noted.
“They see the umbrellas near the door,” Baldevbhai told The News. “They were checking the umbrellas one-by-one.”
One of the cops put the umbrella on the counter and asked Baldevbhai the cost.
“I said ‘$7.99,'” Baldevbhai explained. “He said, ‘You’re under arrest.'”
When he learned why he was being arrested, Baldevbhai protested, “I’m not selling the Burberry. I’m selling the Conch umbrellas.” The officer “just basically ignored all my answers,” he added, reported the Daily News.
The cops did not have a warrant, but did carry an affidavit from a Burberry rep stating the company did hold a trademark for a specific Tartan plaid pattern.
It did not single out the pattern on the umbrella sold at Spring Mart, the suit contends. While Burberry had held a trademark on a Tartan pattern with black, red and gray, it lapsed in October 2014, the lawsuit claims.
The cops nonetheless cuffed the Queens father-of-three in front of shoppers and co-workers. “All my customers asked me, ‘What happened, Jay?’” Baldevbhai said.
When Baldevbhai arrived at the Fifth Precinct, he felt deep dread.
“First I thought about my family: What are they going to think about me? And my community, what are they going to think?” says Baldevbhai, 38.
Baldevbhai was charged with third-degree trademark counterfeiting — a misdemeanor — but after three court appearances, the Manhattan District Attorney dropped the charge.
“They’re putting a hard working guy in trouble for no reason,” said Baldevbhai, who works around 70 hours per week managing Spring Mart and another deli.
Baldevbhai’s lawyer, Samuel Cohen, said they hope the lawsuit prevents others from experiencing similar arrests.
In a statement, the city Law Department said, “The allegations will be reviewed,” and “we will not comment before all the facts are in.”