DSI obtains enjoining order against competitor | Sunday Observer

DSI obtains enjoining order against competitor

20 June, 2021

Action was filed in the Commercial High Court of Colombo by D. Samson & Sons (Pvt) Limited, through Sudath Perera Associates, recently for the infringement of its trademark ‘BEAT’.

The Court issued an enjoining order against Udawatta Durage Lalith, restraining him, his employees, agents, workers and clients and anyone claiming under him, directly and/or indirectly in any manner howsoever, from continuing to use the name/sign/mark “NEAT” or any variations thereof. 

D. Samson & Sons (Pvt) Limited filed action for violation of its rights as the registered owner of the trademark ‘BEAT’.

The plaintiff pleaded that  the defendant has copied the registered trademark ‘BEAT’ belonging to the plaintiff without any noticeable alteration, and stated that  the engraved  impugned ‘NEAT’ mark on the  slipper strap identical to that of the Plaintiff  caused confusion to the buyer,

The slight and insignificant alterations between the two trademarks, such as the Plaintiff’s  ‘BEAT’ trademark and the Defendant using the word ‘NEAT’ suggests that the defendant has adopted the ‘NEAT’ name/sign/mark with the mala fide intention of usurping the goodwill and reputation of the plaintiff’s  ‘trademark. 

Commercial High Court Judge  R. Pradeep Hettiarachchi having heard the submissions of counsel for the Plaintiff issued enjoining orders  as prayed for by the Plaintiff preventing the Defendant from passing-off his products as those of the Plaintiff by using the impugned name/mark/sign/designation ‘NEAT’ or any designation, which is visually, phonetically, deceptively or confusingly similar or identical to the Plaintiff’s registered trademark ‘BEAT’. Accordingly, notice was issued on the Defendant to appear in Court on June 16. 

Attorneys-at-law Manoj Bandara, Ms. Shanika Gunawardena and Ms. Arthika Selladurai, instructed by Sudath Perera Associates appeared for D. Samson & Sons (Pvt) Limited.