Jafferjee restrained in ‘crocodile’ case

Sarath MALALASEKERA

The Chillington Tool Company makers of famous ‘Crocodile’ mammoties has obtained an interim injunction against Jafferjee Brothers for selling a mammoty under the ‘King Crocodile’ brand. They have also been restrained from selling this brand.

“It is also a propound theory that the Court shall before issuing an interim injunction consider in whose favour the balance of convenience lie.

It is clear that the Plaintiff has proved that it has established widely its market locally and if the infringed mammoties of the Defendants are allowed to be sold in the local market, it will be a serious threat and a loss for the Plaintiff,” observed Colombo Commercial High Court Judge Rohini Walgama granting an interim injunction in the ‘Crocodile Mammoties’ case.

The plaintiff, Chillington Tool Company Limited, “Crocodile House” Strawberry Lane, Willenhall, West Midlands, WV 13 3Rs, England cited Sharat Bharat Dharia, G/3, Jeevan Vihar 5, Manav Mandir Road, Malabar Hill, Mumbai, India and six others of ‘Jafferjee Brothers’ of St. Joseph’s Street, Colombo 14 as respondents.

In her judgement Judge Walgama said the plaintiff has established to the satisfaction of Court that it has a legal recognisable right which demands protection under Section 170 of the intellectual Property Act. Further in crystallising the above facts Court has to come to the conclusion that it is just and equitable to allow the application of the plaintiff for a grant of an interim injunction.

Dr. Harsha Cabral PC with Kushan Illangatilleke instructed by Varuni Kariyakarawana appeared for the plaintiff.