DSI enjoins infringer for sale of lookalike products

An action was filed by D. Samson & Sons Ltd., recently through its legal representatives, Sudath Perera Associates for the infringement of its trademark in the Commercial High Court of Colombo.

The Court issued an enjoining order against Udawatta Durage Lalith restraining him, his servants, agents, workers and employees 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. 

D. Samson & Sons Ltd., 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 on the goodwill and reputation of the Plaintiff’s trademark. 

The 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 June. 

D. Samson & Sons Ltd., was represented in courts by Counsel Manoj Bandara Attorney-at-Law, Shanika Gunawardena, Attorney-at-Law and Arthika Selladurai Attorney-at-Law instructed by Sudath Perera Associates.