Home / / Atlas Paint and Coatings enjoined from using Atlas metal filler trademark

Atlas Paint and Coatings enjoined from using Atlas metal filler trademark

Comments / 971 Views / Thursday, 15 November 2012 00:00

By T. Farook Thajudeen
 Colombo Commercial High Court enjoined Atlas Paint and Coatings (Pvt.) Limited of Grandpass Road, Colombo 14 from distributing products to the market which holds a similar symbol owned by the plaintiff, Eadrien Joseph Croos Machado of Thimbirigasyaya, Colombo 5.

Commercial High Court Judge E. A .G. R. Amarasekera made this order on the defendant on considering the documents filed in court and the submissions of Senior Counsel Ian J. F. Fernando who appeared with Saman Liyanage as instructed by S. Bagirathan on behalf of the plaintiff.
The counsel said that despite notification to the defendant on 18 October 2012 by the plaintiff’s lawyer Derric Fernando, asking the plaintiff to not to use the symbol, and the paper publication on 3 November 2012  in the Ceylon Daily News, the symbol of the plaintiff had been used by Atlas Coating (Pvt.) Limited  and was distributed to the market.
The Counsel submitted that his client is the owner of the trademarks registered under numbers 150368, 15386 and 150387 and is called ‘Atlas Metal Filler,’ ‘Atlas Super Cut’ and ‘EZ Cut.’ Fernando said that the defendant was distributing products that are similar in appearance, thus causing an irreparable loss to the plaintiff if the defendant was not enjoined by the court.  
He contended that his client, by agreement No. 4086 attested by Notary Public S. Bagirathan on 5 October2012, had given the right to Buddhika Brushes (Pvt.) Ltd., Panagoda to use the symbols. However, the defendant had directly or indirectly infringed the rights of the plaint by using the words ‘instant repair paste for vehicles’ body work’ and the words ‘light weight metal filler,’ which are similar in appearance to the two products. The getup of the two labels is similar in colour, thus misleading the public, said the Counsel
He also contended that there has been a good demand for his products in the market for over 45 years and if the action of the defendant is not restrained from the first instance, an irreparable loss would be caused to the plaintiff.
The judge, on considering the submissions, issued an enjoining order stating that in terms of Para (c) of the plaint, that the defendant is enjoined from distributing products to the market which hold similar symbols owned by the plaintiff. The judge also issued notice of interim injunction returnable on 28 November. 

Share This Article


Today's Columnists

Exemplary transformational leadership

10 October 2015

Pope Francis waves to the crowd as he arrives at Independence Hall in Philadelphia on 26 September – AFP/Getty Images        The Catholic Church is the oldest organisation known to...

Preventive justice

10 October 2015

 Every time we hear of a gruesome crime, we seem to believe that a death penalty will be the deterrent.  Human behaviour is driven by one’s self-justified perception. These perceptions in turn are strongly influenced b...

Invigorating Sri Lanka’s innovation landscape

9 October 2015

  In Sri Lanka we do not see a significant number of innovations coming through from the high tech arena but there exists a large number of middle level and grass root level innovations that can provide significant value additions to ...

Why the Super Gains Tax should be avoided

9 October 2015

  In January, the Sri Lankan business community was obviously unhappy with the imposition of the Super Gains Tax (retrospective tax plan) on large companies through the 100-day Government’s Interim Budget and also with ...

Columnists More