Commercial High Court grants Enjoining Orders against ex-employees of Christell Skin Clinic and Ramani Arsecularatne International Academy

Intellectual Property legal proceedings were recently instituted by Christell Skin Clinic Ltd. and Ramani Arsecularatne International Academy against former employees W.A.D.U. Malka, G.A.D. Harshani, H.A.N. Sonali and N.R.R. Dulanjali seeking Injunctive Relief and Liquidated Damages of Rs. 40 million for Breach of Contract and engaging in Unfair Competition.

In the Plaints filed in Court, the Plaintiffs set out that the companies are spearheaded by Prof. Ramani Arsecularatne, who has over 30 years of experience in beauty therapy and skin care, whilst her daughter Dr. Shanika Arsecularatne is a medical doctor that specialises in beauty care treatments.

The Plaintiffs also set out in the Plaints that the Plaintiffs offer world-class non-invasive aesthetic medical treatments to address the clients’ skin, hair and body care needs and have exclusive access to the latest US FDA-approved technologies and treatments, which ensure maximum results with guaranteed safety.

The two companies in their Plaints took up the position that these four ex-employees had entered into extensive non-compete and non-disclosure agreements, specifically not to disclose the confidential information of Christell Skin Clinic and Ramani Arsecularatne International Academy to third parties.

 The Plaint also highlighted that, over the years the two companies have invested massive amounts of time and money to perfect the unique treatments offered and that all employees were given extensive training in all the latest treatments, and techniques and the confidential information of such companies was divulged to these employees in such process.

Thus, it was alleged through the Plaints that these former employees were acting contrary to honest trade practices and in violation of the Non-Disclosure and Non-Competition Agreements.

Commercial High Court Learned Judge Priyantha Fernando, considering matters placed before the Court, proceeded to issue Enjoining Orders on 10 August preventing the four ex-employees from Infringing Commercially Sensitive Business Information of their former employers.

On 24 August, H.A.N. Sonali and N.R.R. Dulanjali were represented in Court, and the matter was fixed for Objections on 17 August, while Court instructed them to take steps to serve Notices on W.A.D.U. Malka and G.A.D. Harshani, and fixed such matters for 7 September and the Enjoining Orders were extended until such time.

The Plaintiffs in the respective cases; Christell Skin Clinic and Ramani Arsecularatne International Academy, were represented by Attorneys-at-Law Vikum Jayasinghe, Krishan Fernandopulle and Nishan Premathiratne on the instructions of Attorney-at-Law Gamindu Karunasena.