3 October 2024 12:11 am Views - 89
The Colombo Commercial High Court has issued an interim injunction order against a business entity in Kandy restraining it from carrying on an identical business under a misleadingly similar trade name to Dedigama, Dedigama Group Ltd.
The Commercial High Court observed that court was issuing this interim injunction to prevent the defendant D.C.A.P. Dadigama Pawning Centre from promoting and advertising using the said names. However, the court held that this interim injunction should not prevent the defendant from using the trademark depicted in X5 in the case record.
In its application, Dedigama Group Ltd stated that their jewellery and pawn brokering business dates back to 1945, and that since 1992, they have adopted and continued to use the trade name ‘Dedigama’ in the business. As per the case filed in Court, Dedigama Group claims that their business has over the years become the most trusted gold house and pawn broker in Sri Lanka, and has grown as Sri Lanka’s largest pawn brokering network with operations dispersed among 281 branches all across Sri Lanka. The name “Dedigama” has become a household name in Sri Lanka, and it is uniquely associated with the business of Dedigama Group Ltd. They also claim that they have the largest market share in the gold loan industry, surpassing all the banks and financial institutions.
Dedigama Group Ltd. took the matter to Courts through Sudath Perera Associates after it was discovered that the infringing party is misusing their trademarks along with the trade signage of Dedigama Group, in a confusingly similar manner to Dedigama Group, and have established several branches of identical business with confusing branding. The civil action was instituted under the Intellectual Property Act No. 36 of 2003.
In its answer, the defendant stated that since the inception of the defendant company for over 30 years the defendant has developed into a lucrative and successful pawning business and has become a reputed and household name in the field of pawning and has expanded its business, and as of date has 28 locations island wide.
The Plaintiff was represented in Court by Counsel Manoj Bandara, Nathaya Nanayakkara, Lakshani Perera, Gimhani Hettiarachchi, and Chamathka De Silva, instructed by Sudath Perera Associates. Kuvera de Zoysa PC with Ama Sandamini appeared for the defendant company.
Colombo Commercial High Court Judge K.P. Fernando issued this interim injunction against the defendant D.C.A.P. Dadigama Pawning Centre restraining them from advertising, promoting, commencing any new place of business, stall or shop in respect of its pawn brokering, jewellery business, using the trade name ‘‘Dadigama” and using a trade name that contains an adaptation of the Dedigama Group Ltd.’s well-known trade names “Dedigama Pawning Centre”, “Dedigama Gold Loan Centre”, “Dedigama Pawn Brokers” or any using any mark or signage confusingly similar to Dedigama Group Ltd.