Settlement likely in Ceylon Pencil Company IPR case against Atop Exercise Book Industries

When the intellectual property litigation came before the Colombo High Court, the Defendant Company the Atop Exercise Book Industries, undertook to refrain from selling any book with the get up of the Plaintiff the Ceylon Pencil Company Ltd.

By S.S.Selvanayagam



The Plaintiff the Ceylon Pencil Company Ltd informed Court that it had no objection for the get up of the cover. In view of this, the parties are exploring the possibility of a settlement.

High Court Judge Rohini Welgama listed the matter for inquiry or settlement on 31 January.

Colombo Civil High Court yesterday (10) issued an Interim Order restraining Atop Exercise Book Industries from using the design or mark or get up of Ceylon Pencil Company Ltd. or similar design or mark or get up in the exercise book.

M.A.Bastianz with Sudath Jayasundara instructed by K.Kaneshayogan appeared for the Plaintiff Ceylon Pencil Company Ltd. Sunil Abeyratne appeared for the Defendant Company.

The Plaintiff had alleged that the Defendant Atop Exercise Book Industries was engaged in the act of unfair competition by manufacturing and selling exercise books with particular trade mark on the front and back covers of these books or similar to that of the Plaintiff Ceylon Pencil Company Ltd.

The Plaintiff had claimed that the exercise books containing the said cover trade mark design were not available to the public anywhere at any time through description use or any other manner before the date that its application for the registration of its trade mark was made.

It had complained that the Defendant had introduced into the market and had commenced selling exercise books containing the said trade mark design/design to shop and outlasts in commercial quantities.

It had alleged that the Defendant has used the said design or get up to piggy back on the reputation of the Plaintiff and to pass off the said product as that of the Plaintiff.