|Urbana Ava Owner Charged with Felony Trademark Counterfeiting|
|Written by Nancy Bowman|
|Wednesday, 21 November 2012 00:00|
A felony charge of trademark counterfeiting was filed Monday in a Miami County court against the owner of the Urban Ava Boutique, where police said they seized counterfeit Tory Burch bags, wallets and purses Nov. 9.
Kelley Andary will face the fifth degree felony charge in county Municipal Court. Information on a court hearing date was not yet available late Monday.
Tipp City police last week said they seized 76 items counterfeited to appear to be by Tory Burch during a search made as part of an investigation of a citizen complaint.
Andary said last week she was cooperating with police as much as she could.
She said she bought the bags at the same Atlanta wholesale mall where she has shopped for her boutique five for eight years. She said boutiques and stores of every kind go to the Americasmart - three, 15-story buildings where wholesalers rent space to sell to retailers - to purchase wholesale items.
The mall requires those shopping wholesale to show their business license and other documentation to purchase merchandise, she said,
Other store owners also were buying the bags and the seller, who was offering only that product, explained that he obtained the bags with slight defects and had the interiors finished by an individual before offering them for sale, Andary said.
When customers came into the store, they were told those details about the bags, she said.
She said she did not sell many of the bags, and was willing to give people their money back.
The search warrant inventory filed by police with the court showed 76 items were seized from the store’s back room, from the front room display and from the front room/display window.
In the affidavit for the search warrant police told Judge Elizabeth Gutmann that an attorney in charge of counterfeiting cases at Tory Burch in New York City confirmed a purse another agency’s police officer helping in the investigation bought at Urban Ava was counterfeit.
The police report details interviews with Andary, store employees and customers. It outlines contradictory statements such as the employee who unknowingly sold the fake purse to the officer saying the item was authentic. Another employee said she knew the items were not authentic and she intended to tell customers they were “either irregular or that they were slightly modified.”
One customer said she had no idea the items were not authentic and that she would not have bought a $99 wallet if she had known it was a fake. Another customer said she was told that the shell of the purse was authentic, but the inside was not. She chose to buy a wallet and handbag anyway because she thought it was a good deal, the customer told investigators.