Ceylon Pencil Company gets enjoining order against Araliya Book

By S.S. Selvanayagam

Western Province Civil High Court issued an enjoining order against the Araliya Book Industries restraining it from using the trade mark Araliya which is purportedly similar that of Atlas from Ceylon Pencil Company (Pvt) Ltd.

High Court Judge Gamini Amarasekera also issued notice of interim injunction returnable for November 7 subject to deposit of Rs. 100,000.

Plaintiff Ceylon Pencil Company initiated this litigation under the Intellectual Property Act against the Defendant Araliya Book Industries.

M.A. Bastianz with Sudath Jayasundara instructed by K. Ganeshayogan appeared for the Plaintiff.

Plaintiff in its plaint states it commenced manufacturing, distributing and selling exercise books with the trade mark Atlas and the said trade mark has been duly registered under the provisions of the Intellectual Property Act and duly entered in the Register of Marks.

Plaintiff claims it has the exclusive right to use the said mark to manufacture, distribute and sell the said exercise books containing the said mark.

It states the Defendant is distributing and selling and directly canvassing for the promotion and sale of exercise books containing a mark Araliya which is allegedly similar to the mark of the Plaintiff.

It alleges thus the Defendant is engaging in unfair competition diluting of the goodwill and reputation of the Plaintiff and also misleading the public prejudicial to the Plaintiff’s interest.

Plaintiff by a Letter of Demand informed the Defendant to desist from selling or distributing exercise books containing the said Araliya mark.

Plaintiff complains however the Defendant has failed and neglected to discontinue the manufacture, distribution and sale of the said exercise books.

Plaintiff claims that in response to the said Letter of Demand, the Defendant has, by an undated letter, admitted and acknowledged the unauthorised use of the said mark and has given an undertaking not to manufacture books containing the said mark belonging to the Plaintiff.

Plaintiff alleges however the Defendant, despite the said undertaking is continuing to manufacture, distribute and sell the said exercise books.