Interim injunction given by Commercial HC over HCL trademark dispute

An interim injunction has been given by the Commercial High Court of Colombo recently which restricts HCL Brush Manufacturers and Harris Distributors from using ‘HCL’ in respect to the brushes manufactured and sold by them.  

L.G. Harris and Co Ltd. UK, which is a wholly-owned subsidiary of Orkla House Care and the manufacturer of Harris paintbrushes and rollers, wished to notify the public, business communities, shop owners and all other respective stakeholders that following the hearing of case No. HC (Civil) 23/2019/IP filed by L.G. Harris and Co Ltd, UK against HCL Brush Manufacturers Ltd. and Harris Distributors Ltd, under the unfair competition provisions of the Intellectual Property Act No. 36 of 2003, the following interim injunctions had been granted by the Commercial High Court of Colombo through an order dated 4 October 2019. 

An interim injunction until the final determination of this action, restrained the defendants, their agents or employees from using ‘HCL’ in respect to their brushes manufactured, packaged, stored, marketed, distributed or sold in Sri Lanka or across the world.

An interim injunction until the final determination of this action, restrains the first defendant from using the company name HCL Brush Manufacturers Ltd or including the word ‘HCL’ in its corporate name.

An interim injunction until the final determination of this action, restrains the defendants, their agents or employees from manufacturing, packaging, storing, marketing, distributing or selling brushes resembling the plaintiff’s ‘Harris Classic’ brushes, under the brand names ‘HCL Classic Supreme’, ‘HCL Excel’ or otherwise.

An interim injunction until the final determination of this action, restrains the second defendant from using the company name, Harris Distributors Ltd. or including the words ‘HCL’ or ‘Harris’ in its corporate name.

The defendants are required by the order to refrain from committing all of the acts mentioned above, including the sale of brushes under the brands ‘HCL Classic Supreme’ and ‘HCL Excel’ by themselves or through their agents or employees. 

The firm said that JAT Holdings Ltd. was exclusively authorised by L.G. Harris and Co Ltd, UK to manufacture and distribute the Harris brand of paintbrushes and rollers in Sri Lanka.