Taprobane Marketing interim injunction against Tradesmann SL refused

laintiff Taprobane Marketing (Pvt) Ltd, instituted action against The Tradesmann SL Ltd, stating that the Defendant was wrongfully interfering with the Plaintiff's right to market and sell padlocks under the brand name GLOBE with the logo depicted therein.

The Plaintiff's position was that the said padlocks were imported from China from a company named Shanghai Huanqui Lock Making Company, there were numerous other importers and the said padlock with the logo had been in existence in Sri Lanka for over 50 years.

The Plaintiff further stated that the defendant had wrongfully registered the trademark GLOBE in its name and the defendant had no legal right to do so.

The Plaintiff sought an interim injunction against the defendant preventing the defendant from precluding the plaintiff from importing, stocking and/ or offering for sale and/ or marketing GLOBE padlocks. The defendant in their statement of objections stated that they were the lawful trademark holder of GLOBE and that they had the exclusive right to market and sell padlocks with the trademark GLOBE and that the plaintiff Taprobane Marketing was wrongfully and illegally marketing padlocks with the logo GLOBE.

The Learned Commercial High Court Judge W A Jayathileke by order dated November 30, 2011 refused the Interim Injunction preventing the Defendant from interfering with the plaintiff's right to lawfully import, offer for sale, sell, use or stock goods in Sri Lanka under the mark GLOBE.