Atlas Super Cut and Metal Filler enjoining order extended until 15 Jan

By T. Farook Thajudeen

Colombo Commercial High Court yesterday further extended the enjoining order restraining Atlas Paint and Coatings (Pvt.) Limited of Grandpass Road, Colombo 14 from distributing Atlas Super Cut and Atlas Metal Filler to the market which holds similar symbol owned by the plaintiff Adrian Joseph Croos Machado of`131/14, Thimbirigasyaya, Colombo 5, until 15 January 2013.

Commercial High Court Judge E. A .G. R. Amarasekera extended the enjoining order issued on the defendant, on considering the application made on behalf of the plaintiff by Senior Counsel Ian Fernando, appearing with Saman Liyanage, and instructed by S. Bagirathan.

The defendant appearing through Attorney-At-Law Anoma Gunathilaka consented to the enjoining order being extended. The defence counsel moved for a date to file objections and the judge ordered the defence to file objections and answers on 15 January 2013.

The plaintiff sought an injunction on the defendant on 14 November to enjoin the defendant from using a trademark owned by the plaintiff under the registration numbers 150368, 150386 and 150387, which have a similar getup to that of Adrian Machado’s trademark, and thus would cause an irreparable loss to the plaintiff if the defendant is not enjoined by Court.