DSI enjoins infringer for sale of lookalike products
An action was filed by D. Samson & Sons (Private) Limited, through its legal representatives, Sudath Perera Associates for the infringement of its trademark “BEAT” in the Commercial High Court Of Colombo recently.
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 (Private) Limited the plaintiff in this action and the largest footwear retailer in Sri Lanka famed for the brands DSI, DSI Supersport, DSI Beach, BEAT, DSI ,USofto, AVI, Samsons, Petalz, Melissa, Jessica, Picasso, Tamik, Nirogi, Care + recently filed action for violation of its rights as the registered owner of the trademark “BEAT” against the Defendant for the illegal manufacturing and selling of look-alike “NEAT” products.
The Plaintiff pleaded that the Defendant has copied the registered trademark “BEAT” belonging to the Plaintiff without any noticeable alteration, and further stated that the engraved impugned “NEAT” mark on the slipper strap identical to that of the Plaintiffcaused 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 “BEAT” trademark.
The Hon Commercial High Court Judge R. Pradeep Hettiarachchi having heard the submissions of the 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 issuedon the Defendant to appear in Court on 16.06.2021.
D. Samson & Sons (Private) Limited, was represented in courts by Counsel Mr. Manoj Bandara AAL, Ms. Shanika Gunawardena AAL and Ms. Arthika Selladurai AAL instructed by Sudath Perera Associates.