Atlas Patent rights case settled by compensating the plaintiff

By T. Farook Thajudeen 

In an Intellectual Property Rights case before Colombo Commercial High Court a defendant settled the case by paying damages to the plaintiff Adrian Firth Machado of No 131/14, Thimbirigasyaya Road Colombo 05. 

The plaintiff had sued Atlas Paintings and Coatings Ltd of 104/11, Grandpas Road Colombo 14 from using and or attempting to use the trade marks similar or ambiguously similar to trade marks displayed in the products of the Plaintiff.  When the case was taken up for inquiry before the Colombo High Court Senior Counsel lan Fernando appearing with Sumudu Ramayaaka instructed by Attorney-at-law S. Bagirathan told the Judge that the plaintiff was the owner of the copyright of the trade mark Atlas Metal Filler, Atlas Super Cut and Atlas Ez Cut. 

He said the defendant Atlas Paint and Coating Ltd had infringed the trade mark of the plaintiff due to the word "Atlas" and the colour combination placed on the goods of the defendant which were similar to that of the plaintiff.  The Counsel said the that the trade mark had been extremely used in respect of metal filter for many years throughout the country and was well known in Sri Lanka and abroad by the public. 

He contended that the colour combination and the words "Atlas" in the products of the defendant was confusing to the public. 

Counsel Fernando said his client had obtained an enjoining order restraining the defendant from manufacturing and supplying the product 'Atlas". He also said his client had filed contempt charges against the defendant for failing to observe the enjoining order. He said the infringement of the trade mark of the plaintiff by the Defendant had caused loss of sales and damages to the plaintiff

He said the defendant, after filing of contempt charges against the Defendant, had agreed to settle the matter through his lawyers claiming that the defendant’s company had been sold and a new board of directors was running the company.

Counsel Anoma Gunatillake instructed by Janapriya Fernando appearing for the Defendant agreed to pay damages and agreed not to infringe the trade mark right of the plaintiff