Bake House gets restraining orders against Testa Bake House
Saturday, 30 August 2014 04:45
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Bake House Ltd., a reputed bakery dating back over 60 years retained legal ownership of its trade name ‘Bake House’ following a legal battle with recently set up Testa Bake House.
Bake House Ltd., instituted case No. HCL 27/2014 in the Commercial High Court of Colombo seeking two enjoining orders on the premise that the newly established business adjoining Bake House Ltd., named Testa Bake House Ltd., was engaged in acts of unfair competition in terms of the Intellectual Property Act through the use of the words ‘Bake House’.
Appearing for the plaintiff Bake House Ltd., President’s Counsel M.U.M. Ali Sabry made submissions to Court that Testa Bake House Ltd., was engaged in deliberate acts, contrary to honest trade practices with the intent to deceive or mislead the general public into believing that bakery products marketed and sold by Testa Bake House Limited were produced by Bake House Ltd.
The President’s Counsel submitted that Bake House Ltd., had exclusively used the trade name Bake House in the locality of Maradana adjoining the Eye Hospital, continuously from 1953, marketing and selling bakery products and is well known amongst the general public.
However, Testa Bake House Ltd. from its inception in April 2014 had portrayed that it had acquired Bake House Ltd., by making representations to the media to this effect and using the words Bake House in a manner which was disproportionate to the word Testa, the President’s Counsel further submitted.
In the foregoing, High Court Judge L.T.B. Dehideniya granted the two requested enjoining orders. The first restrains Testa Bake House, through itself, its servants or promoters, from using the words ‘Bake House’ in the signage portrayed at the Maradana outlet which dilutes the word Testa and gives prominence in a stand-alone manner.
The second restrains Testa Bake House from representing itself as a breakaway branch of Bake House Ltd., in any manner.
The case is to be called at the Commercial High Court on 15 September 2014. M.U.M. Ali Sabry PC and Nishan Premathiratna appeared for Bake House Ltd., instructed by Penmani Premathiratne.
