Jayendra Baldevbhai holds an umbrella that cops mistakenly thought was a fake Burberry product.
NEW YORK (Diya TV) — Jayendra Baldevbhai, a Manhattan deli manager who was mistakingly arrested for selling counterfeit Burberry umbrellas, has won a $10,000 settlement from the city, according to his lawyer.
The 38-year-old Baldevbhai was working at Spring Mart, located in New York’s Nolita neighborhood, in May of last year when multiple plainclothes police officers entered the deli to have a look around at the shop’s offerings. After spending roughly 30 minutes in the store, they arrested Baldevbhai for allegedly selling fake Burberry umbrellas.
However, the umbrellas for sale had a distinct differences in their plaid look and packaging from the high-end British fashion brand, Baldevbhai claimed in a Manhattan federal lawsuit filed on Feb. 2, 2016. Burberry umbrellas are not labeled with the words “CONCH UMBRELLAS AMERICA CORP,” his suit also charged.
One of the officers placed an umbrella on the deli counter and asked for a price.
Jayendra Baldevbhai holds an umbrella that cops mistakenly thought was a fake Burberry product.
When Baldevbhai said $7.99, the cop told him, “’You’re under arrest.’”
The civil complaint maintains that the police did not have a warrant to search the market. Rather, they had an affidavit from Burberry stating that the fashion house held a trademark for a specific Tartan plaid.
Baldevbhai was accused of third-degree trademark counterfeiting, a misdemeanor charge. The Manhattan district attorney dropped the case after three court appearances, the lawsuit said.
Baldevbhai hopes that the resolution of this matter will encourage the NYPD to be more careful in their future enforcement activities, his lawyer, Samuel Cohen, said.
