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Defendants had violated rights, says Counsel

by Sarath Malalasekera

The Western Province Commercial High Court Judge L. K. Wimalachandra issued three enjoining orders against Union Motors Lanka Limited, Kusumsiri Motor Traders and Kusumsiri Motors (Pvt) Limited on an application by Brown and Company Limited under the Code of Intellectual Property Act.

The Judge issuing three enjoining orders, observed that considering the submissions by Counsel for the applicant and perusing the documents and after considering the documents filed, it appears to court that there are sufficient grounds for court to issue the enjoining orders prayed by the plaint.

Shammil J. Perera, senior counsel for the complainant submitted to court that the defendants had committed acts violating the rights of the complainant company.

Senior Counsel said his client was the registered owner of the trademark SIFANG bearing No. 77831. The counsel submitted that the mark of his client is associated with hand tractors imported and distributed by them.

The Senior Counsel alleged that the defendants were infringing the trademark rights of Brown and Company Limited protected under the Code of Intellectual Property Act.

Senior Counsel also submitted that the SIFANG tractor of the complainant company is a well-known product among farmers in Sri Lanka for a long period. The sole agents for SIFANG tractor in Sri Lanka are Brown and Company Limited, T.B. Jayah Mawatha, Colombo 10.

Court also ordered the plaintiff to enter into a bond of Rs. one million as security.

Shammil J. Perera with Arjuna Weerasinghe and Prasad Sarathchandra instructed by N. G. J. W. Senanayake supported the application.

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