enjoins infringer for sale of  lookalike products

An action was filed by D. Samson & Sons (Private) Limited, through its legal representatives, Sudath Perera Associates for the  infringement of its trademark in the Commercial High Court Of Colombo recently.  Court issued an Enjoining order against Udawatta Durage Lalith, restraining him, his employees, agents, workers and clients and anyone claiming under him, directly and/or indirectly in any manner howsoever, from continuing to use the name/sign/mark “NEAT” or any variations thereof.

  1. Samson & Sons (Private) Limited the plaintiff in this action  and the largest footwear retailer in Sri Lanka famed for  the brands DSI, DSI Supersport, DSI Beach, BEAT, DSI ,USofto, AVI, Samsons, Petalz, Melissa, Jessica, Picasso, Tamik, Nirogi, Care + recently filed action  for violation of its rights as the registered owner of the trademark  against the Defendant for the  illegal  manufacturing and selling  of   look-alike “NEAT” products.

The Plaintiff pleaded that  the Defendant has copied the registered trademark belonging to the Plaintiff without any noticeable alteration, and further stated that  the engraved  impugned “NEAT” mark on the  slipper strap identical to that of the Plaintiff  caused confusion to the buyer,

The slight and insignificant alterations between the two trademarks, such as the Plaintiff’s  trademark and the Defendant using the word “NEAT”suggests that the Defendant has adopted the ‘NEAT” name/sign/mark with the mala fide intention of usurping the goodwill and reputation of the Plaintiff’s  trademark.

The Hon Commercial High Court Judge  R. Pradeep Hettiarachchi having heard the submissions of the counsel for the Plaintiff issued enjoining orders  as prayed for by the Plaintiff preventing the Defendant from passing-off his products as those of the Plaintiff by using the impugned name/mark/sign/designation “NEAT” or any designation, which is visually, phonetically, deceptively or confusingly similar or identical to the Plaintiff’s registered trademark  Accordingly, notice was issued on the Defendant to appear in Court on 16.06.2021.

  1. Samson & Sons (Private) Limited, was represented in courts by Counsel Mr. Manoj Bandara AAL, Ms. Shanika Gunawardena AAL and Ms. Arthika Selladurai AAL instructed by Sudath Perera Associates.