Tuesday Nov 26, 2024
Tuesday Nov 26, 2024
Tuesday, 3 January 2023 03:18 - - {{hitsCtrl.values.hits}}
Plaintiffs, Alpha Thermal Systems Ltd., Alpha Solar Energy Solutions Ltd., Alpha Global Technologies Ltd. and Alpha Energy Consultants Ltd., instituted legal proceedings in respect of three separate Defendants on the basis that they were unlawfully using the name “Alpha” in a manner likely to mislead and confuse the general public.
The Plaintiffs’ position, as set out in their Plaints in all three cases, is that they are pioneers in the solar energy industry in Sri Lanka, dating back four decades and accruing substantial reputation in Sri Lanka for their high quality products and services in the field of solar energy. Thus, the term “Alpha” has become exclusively and distinctly associated with none other than the “Alpha” group of companies in the solar energy industry in Sri Lanka.
Hence, the three separate Defendants, namely Alpha Sun Energy Solutions Ltd. and one other, Uditha Mudalige and Alpha Solar Engineering Ltd. and two others could not have been unaware of the Plaintiffs and use of such name “Alpha” by them has been orchestrated in a dishonest manner violating the Intellectual Property rights of the Plaintiffs, as represented in the Plaint.
The Plaintiffs sought inter alia, injunctions and orders of accounting for profits in respect of the violations done by the Defendants pertaining to the Plaintiffs’ use of the lawful tradename, as well as engaging in acts contrary to honest trade practices and amounting to Unfair Competition, in contravention to the Intellectual Property Act No. 36 of 2003, by using names misleadingly and confusingly virtually identical and/or similar to the “Alpha” trading name of the Plaintiffs.
When the matters were supported in the Commercial High Court on 16 December 2022, High Court Judge Priyantha Fernando, being satisfied with the Plaintiffs’ case, granted Enjoining Orders in respect of the separate Defendants in the separate cases, restraining the respective Defendants from using the term “Alpha” and/or any other term which is identical and/or misleadingly similar to the Plaintiffs’ tradename “Alpha” as a part of the Defendants’ names or in any manner whatsoever, in respect of selling, marketing or offering for sale any solar energy-related products or services, as part of the Defendants’ mark/name.
When the matter came up again on the notice returnable date of 30 December 2022, the Defendant Alpha Solar Engineering Ltd. indicated that they would settle the matter and that steps had already been taken to cease the use of the name “Alpha” from their business operations.
Appearing for the Defendant, Attorney-at-Law Uditha Mudalige requested a date for objections to be filed. There was no representation in court for the Defendant Alpha Sun Energy Solutions Ltd. and the Plaintiffs represented to court that steps would be taken to re-serve summons and notices to a new address of this Defendant.
The Enjoining Orders granted in favour of the Plaintiffs in the three distinct cases were extended till 13 January 2022, when all three matters would be taken up again.
The Plaintiffs were represented in Court by AAL Nishan Premathiratne, AAL Migara Cabral and AAL Sidath Gajanayaka on the instructions of AAL Gamindu Karunasena,.
