Aussie Bean Media Group application to restrain CEO Sri Lanka Publication rejected by Commercial High Court

Bean Media Group PTY LTD of New South Wales, Australia, and also being the publishers of the magazine named ‘CEO Magazine’, made an application to the Commercial High Court of Sri Lanka, inter alia, claiming the exclusivity to the name of ‘CEO Magazine’. As such, inter alia, seeking the court intervention for an interim order to restrain the CEO (Private) Ltd., from publishing the magazine named ‘CEO Sri Lanka’.

The CEO Ltd., inter alia, claimed; firstly that ‘CEO Magazine’ has no market presence in Sri Lanka, secondly that the words ‘CEO’ and/or ‘Magazine’ are generic terms as such Bean Media Group PTY LTD are incapable of claiming exclusivity to the said words and thirdly that Bean Media Group PTY LTD’s mark ‘CEO Magazine’ is not a registered mark in Sri Lanka.

The Commercial High Court Judge M.A.R Marikar consequent to perusing the oral and written submissions of the counsels for both sides, made an order dated 10 August refusing the application of the Bean Media Group PTY LTD (Australia), inter alia, seeking to restrain the magazine named ‘CEO Sri Lanka’ from being published, subject to a cost of Rs. 125,000.00.

Farman Cassim PC with Charaka Jayaratne, Budwin Siriwardena, Pasiduni Fernando, Vinura Kularatne and Mithun Imbulamure Attorney’s-at-Law instructed by Dimuthu Kurupuarachi appeared on behalf of CEO Ltd. Mahendran Kumarasinghe Attorney-at-Law appeared on behalf of the Bean Media Group PTY Ltd.