Exercise book maker restrained from using Ceylon Pencil Company IPR

By S.S.Selvanayagam

The Colombo Civil High Court on 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.

In an intellectual property litigation, High Court Judge P.R. Welgama issued an interim injunction and summons against the Defendant, Atop Exercise Book Industries, returnable on 24 December.

M.A. Bastianz with Sudath Jayasundara instructed by K. Ganeshayogan appeared for the Plaintiff, Ceylon Pencil Company Ltd.

The Plaintiff alleged that the Defendant was engaged in the act of unfair competition by manufacturing and selling exercise books with a particular trademark on the front and back covers of these books similar to that of the Plaintiff, Ceylon Pencil Company Ltd.

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

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

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