Commercial HC grants Enjoining Order preventing use of DSport mark by Discovery India and Singapore

The Commercial High Court has recently granted an Enjoining Order against the Discovery Channel companies in India and Singapore (Defendants) preventing the use of DSport mark in Sri Lanka.  According to the Plaint, Lex Sportel Vision (LSV), a company incorporated in India and two others (Plaintiffs) have instituted this action, in the backdrop of the recent turn of events which had taken place in India and Hong Kong, orchestrated by the Defendants in order to usurp the lawful rights of LSV’s channel.

The Plaintiffs have set out in the Plaint that with the launch of the DSport channel of LSV, sports-related content have been continuously broadcasted throughout India, Nepal, Maldives and Sri Lanka for approximately 3 years including the most celebrated Nidahas Trophy - the tri-nation series cricket tournament between Bangladesh, India and Sri Lanka held in Sri Lanka, through Dialog TV.

Further, the Plaintiffs have set out in the Plaint that with the sudden termination of the Channel Management Services Agreement, the Defendants have resorted to adopt a modus operandi involving the uplink of an illegal DSport channel from Hong Kong, to broadcast the contents thereof throughout India. Having learnt of the same, LSV has taken prompt action in India including the institution of legal proceedings before the Delhi High Court in India. According to the Plaint, LSV has been the exclusive broadcaster of the DSport channel in Sri Lanka through Dialog TV for approximately 2 years, and pursuant to the launch of the said illegal DSport channel of the Defendants, the Plaintiffs face an imminent threat of infiltration of the said illegal DSport channel into Sri Lanka.

Pursuant to submissions made by the Counsel for the Plaintiffs, Commercial High Court Judge Sampath Wijeratne issued an Enjoining Order, Notice of Interim Injunction and Summons by way of an Order dated 20 February 2020. Currently the matter is fixed for Order for 4 September 2020 in respect of the Interim Injunction Inquiry. Up to date the Enjoining Order remains valid and operative and the Defendants are barred from launching a DSport Channel or a channel bearing a similar name to DSport within Sri Lanka. 

The Plaintiffs were represented in Court by President’s Counsel Dr. Harsha Cabral, with Nishan Premathiratne, Uchitha Wickremesinghe and Chamaka Ambagahawita, Attorneys-at-Law on the instructions of Sanath Wijewardane, Attorney-at-Law. The Defendants were represented in Court by Amrit Rajapakse, Attorney-at-Law on the instructions of John Wilson Partners, Attorneys-at-Law.