Commercial High Court issues enjoining order against Ceramica Bathrooms

Thursday, 24 October 2019 01:32 - - {{hitsCtrl.values.hits}}

The Commercial High Court of Colombo has issued an Enjoining Order against Ceramica Bathrooms Ltd., on hearing an application filed by Tokyo Cement Company (Lanka) PLC (the Plaintiff), indicating that the Defendant Ceramica Bathrooms Ltd. is engaged in unlawful and illegal activity by infringing the Plaintiff’s Intellectual Property rights under the Intellectual Property Act No. 36 of 2003.

Tokyo Cement Company (Lanka) is one of Sri Lanka’s leading cement manufacturers, is a public listed company and the parent company of the Tokyo Cement Group, which consists of Tokyo Super Cement Lanka Ltd., Tokyo Cement Power Lanka Ltd., Tokyo Super Aggregate Ltd., Tokyo Eastern Cement Company Ltd. and Tokyo Supermix Ltd.

The Plaintiff had set out in its Plaint that several products of the Plaintiff carrying the word ‘Tokyo’ have been registered as trademarks, moreover, most of the Plaintiff’s marks contain a distinct shape that is readily identifiable and distinctively associated exclusively with the Plaintiff. The Plaintiff further stated that the Plaintiff’s ‘Tokyo’ trademarks can be construed as well-known marks in terms of the law.

The Plaintiff set out that it was recently made aware of a product being sold by the Defendant under the name and style of ‘Orient Superbond Tile Adhesive’. The Plaintiff stated that this product of the Defendant was in a package similar to the packaging used by the Plaintiff for its tile adhesive product ‘Tokyo Superbond Tile Adhesive – Standard Set’ which is a registered trademark of the Plaintiff and furthermore, incorporates a distinct shape similar to that of the Plaintiff, in a manner to confuse and mislead the general public.

High Court Judge Prasantha de Silva, having considered the submissions made on behalf of the Plaintiff in the first instance, moved to issue an Enjoining Order restraining and preventing the Defendant from using the Plaintiff’s Trademarks ‘Tokyo Superbond’ and ‘Tokyo Super’ with the distinctive shape as depicted in the Defendant’s getup and/or in any misleadingly similar manner to so nearly resemble the Plaintiff’s Trademarks ‘Tokyo Super’ with the distinctive shape by way of an Order dated 17 October 2019. The matter will be called again on 31 October. The Plaintiff was represented in Court by Dr. Harsha Cabral, President’s Counsel with Nishan Premathiratne, Migara Cabral, and Krishan Fernandopulle, Attorneys-at-Law appearing on the instructions of Messers. Julius and Creasy, Attorneys-at-Law.

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