Victoria’s Secret enforces its IP rights in SL

Thursday, 18 February 2021 03:16 - - {{hitsCtrl.values.hits}}

The Commercial High Court of Colombo recently took up a case against Usha Factory Access Ltd., based on actions filed by the brand owner, Victoria’s Secret Stores Brand Management LLC, through its legal representatives, Sudath Perera Associates.

The Plaintiff filed action under the Intellectual Property (IP) Act No. 36 of 2003 for the manufacture and the sale of counterfeit garments by the Defendant Usha Factory Access. The Plaintiff pleaded that the Defendant was selling counterfeit garments which contained the Plaintiffs registered trademarks.

Victoria’s Secret is one of the world’s most well-known fashion brands and has achieved a near iconic status in the international lingerie market.

Further, the Plaintiff pleaded that the Victoria’s Secret and Pink branded products are synonymous with high quality and value and that the Defendant has caused tremendous damage to the Plaintiff’s goodwill and reputation with the public mistakenly believing the inferior garments distributed by the Defendant to be genuine products.

When the matter was supported in court, the Colombo Commercial High Court Judge Frank Gunawardena granted an enjoining order against the Defendant and its partners, from stocking, selling, distributing, or dealing in any garments and/or products containing any names/signs/marks, which are visually, phonetically, deceptively or confusingly similar or identical to the registered trademarks of the Plaintiff.

The Plaintiff-brand owner was represented in courts by Counsel Attorney-at-Law Manoj Bandara, Attorney-at-Law Shanika Gunawardena and Attorney-at-Law Thivanka Hettiarachchi AAL, instructed by Sudath Perera Associates.