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DSI obtains enjoining order towards infringement of its AVI Model
- Samson & Sons (Personal) Restricted, extensively generally known as DSI, is a number one homegrown model and producer of footwear, attire and bicycle tyres throughout the nation and has established a robust popularity for high quality merchandise in Sri Lanka since its inception. In 2006, DSI launched ‘AVI’, an area sportswear model and, owing to its super success, goodwill and popularity, in 2022, an AVI unique model outlet was opened in Colombo 07.
Motion was filed within the Industrial Excessive Courtroom of Colombo by DSI by means of their lawyer Sudath Perera Associates, towards an entity working an e-commerce enterprise on Fb and Instagram below a purported identify of “AVI_Clothing”. The motion was filed for the infringement of DSI’s AVI trademark and model on the idea of unfair competitors and passing-off.
On 27th March 2023 the Industrial Excessive Courtroom Choose Priyantha Fernando, issued an enjoining order towards the Defendant, AVI_Clothing, for partaking within the enterprise of promoting clothes with a model identify equivalent or confusingly much like the AVI trademark and model.
The Plaintiff, DSI, pleaded that the Defendant has copied the mark “AVI” belonging to the Plaintiff in a phonetically and visually related method with the deliberate intention of passing of its merchandise as these of the Plaintiff.
The Plaintiff additional pleaded that the slight insignificant adjustments within the impugned mark utilized by the Defendant are unnoticeable to the common shoppers and intentionally adopted with the mala fide intention of the Defendant to usurp the goodwill and popularity of the Plaintiff’s AVI trademark.
The Industrial Excessive Courtroom having heard the submissions of the Lead Counsel for the Plaintiff issued an enjoining order as prayed for by the Plaintiff restraining the Defendant from persevering with to make use of the identify/signal/ mark “AVI” or every other variation thereof and from finishing up the enterprise below the commerce identify “AVI_Clothing” and every other variation thereof and utilizing every other commerce identify or trademark confusingly much like Plaintiff’s commerce identify or trademark. Moreover, discover was issued on the Defendant to look in Courtroom on 10th April 2023.
Attorneys-at-law Mr. Manoj Bandara and Ms. Nayomi Chethana, instructed by Sudath Perera Associates, appeared for D. Samson & Sons (Personal) Restricted. (DSI)
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