HC issues enjoining order against paint company

Sarath MALALASEKERA

Western Province High Court Judge P.R. Walgama issued an enjoining order preventing and restraining the Defendant, its servants, agents and all those acting and holding under the Defendant from directly or indirectly holding out Defendant's brand Dulux.

The Judge also issued a notice of interim injunction as prayed for in the prayer 'e' to the plaint.

Plaintiff Macksons Paints Lanka (Pvt) Limited, Third Cross Street, Colombo 1 cited Akzo Nobel Paints Lanka (Pvt) Limited of Kew Road, Colombo as Defendant.

Plaintiff's Senior Counsel Kushan de Alwis moving for an enjoining order and interim injunction submitted to Court that in this matter plaintiff and the defendant market paints in the country. The paints are divided into basically emulsion and enamel as well as wood preservatives.

He also submitted that the advertisement in which the defendant holds out that out of all paints that have been tested that the defendant's paint is the only paint which conforms to International Standard, I say amounts to unfair competition.

"I am not trying to stop the defendant company from advertising their products. But this is ex facie false premise on which the defendant is carrying out this advertising campaign. The report which is referred to in the advertisement itself clearly states that my products have not been tested. In these circumstances I say that acts of the defendant consequent unfair competition and misleading the public," the Senior Counsel said.

The Judge in the order stated that the counsel in support of the instant application, being satisfied with the facts placed before court it is considered appropriate to issue an enjoining order as prayed. Further summons too shall be issued on the defendant returnable on March 23, 2010.

Senior Counsel Kushan de Alwis with Ms. Faizer Markar, Ms. Thushani Machado and Hiran Jayasuriya instructed by Sanjeewa Kaluarachchui appeared for the plaintiff.