SC grants interim relief to garment manufacturer

Wasantha RAMANAYAKE

COLOMBO: The Supreme Court granted an interim relief preventing certain unauthorised persons from selling garments bearing the mark “Reborn” until July 16.

The order was sequel to an application by petitioner Stanford Garments Industries Limited of Colombo 11.

The order would prevent Mohammed Salahadeen Mohammed Raafi of Colombo 6, Mohammed Haneefa Mohammed Rilvan of Kandy and Mohammed Haseen Haja Najimudeen of Colombo 06 from using/selling garments bearing the mark “Reborn.”

The petitioner filed the special Leave application in the Supreme Court from the order of the Provincial High Court of the Western Province that refused to grant the interim relief to the petitioner.

President’s Counsel Romesh de Silva for the petitioner submitted that the defendant-respondents were illegally selling garments with the identical mark Reborn.

Plaintiff-petitioner stated that it had been manufacturing, distributing and selling the Reborn garments and also had spent large sum of money on the advertising.

The counsel submitted that the selling of Reborn garments by defendants amounted to unfair competition.

The Bench comprised Justices Dr.(Mrs.) Shirani Bandaranayake, Raja Fernando and Saleem Marsoof PC. Romesh de Silva PC with Eraj de Silva instructed by Sudath Perera Associates appeared for the petitioner. The application was listed for support for July 13.