Dedigama seeks Court intervention to protect famous ‘Dedigama’ trade name

Monday, 20 May 2024 03:23 - - {{hitsCtrl.values.hits}}

The Sri Lankan leader and pioneer in the pawn brokering and gold loan industry - Dedigama Group Ltd., represented by its legal representatives Sudath Perera Associates, has resorted to legal action against another entity engaging in the same pawn brokering and gold loan entity operating under an identical trade name.

Dedigama Group claims that their jewellery and pawn brokering business dates back to 1945, and that since 1992, they have adopted and continued to use the trade name ‘Dedigama’ in the business. As per the case filed in Court, Dedigama Group claims that their business has over the years become the most trusted gold house and pawn broker in Sri Lanka, and has grown as Sri Lanka’s largest pawn brokering network with operations dispersed among 281 branches all across Sri Lanka. The name “Dedigama” has become a household name in Sri Lanka, and it is uniquely associated with the business of Dedigama Group Ltd. They also claim that they have the largest market share in the gold loan industry surpassing all the banks and financial institutions.

Dedigama Group Ltd. took the matter to Courts after it was discovered that the infringing party is misusing their trademarks along with the trade signage of Dedigama Group, in a confusingly similar manner to Dedigama Group, and have established several branches of identical business with confusing branding. The civil action was instituted under the Intellectual Property Act No. 36 of 2003.

Having considered the long prior use of the trade name by the claimant, and the substantial goodwill of this local brand, along with the nature of infringements complained of, the Colombo Commercial High Court Judge K.P. Fernando issued an enjoining order against the defendant restraining them from advertising, promoting and/or commencing any new place of business, stall or shop in respect of its pawn brokering and/or jewelry business, using the trade name ‘‘Dadigama” and/or using a trade name that contains an adaptation of the Dedigama Group Ltd.’s well known trade names “Dedigama Pawning Centre”, “Dedigama Gold Loan Centre”, “Dedigama Pawn Brokers” and/or any using any mark or signage confusingly similar to Dedigama Group Ltd.

The Plaintiff was represented in Court by Counsel Manoj Bandara AAL, Nathaya Nanayakkara AAL, Lakshani Perera AAL, Gimhani Hettiarachchi AAL, and Chamathka De Silva AAL, instructed by Sudath Perera Associates.

This case highlights the need for constant brand protection efforts of home-grown famous brands.