Commercial High Court restrains Dharshan International from marketing ‘Patchouli’ trademark

By S. S. Selvanayagam

The Commercial High Court, on 31 December, extended till 28 January the Enjoining Order restraining Dharshan International Ltd. and its Directors from using, manufacturing, marketing, selling or distributing incense sticks under the name and style of ‘Patchouli’.

This case came up before Commercial High Court Judge M. Prashantha De Silva.

On behalf of the 1st, 2nd, 3rd and 4th Defendants, Proxy was filed. The Court granted time to Defendants until 14 January to file their Statement of Objections, and ordered to file Written Submissions in regard to the application for interim injunction on 28 January.

The Commercial High Court judge had earlier issued an ex parte Enjoining Order against the Defendants.

Thangavel Thambiraja Nades and Dharshan Lanka Global Ltd., the 1st and 2nd Plaintiffs respectively, instituted action against the 1st, 2nd, 3rd and 4th Defendants, namely Dharshan International Ltd., Ashok Thambi Srinivas, Harsha Thambi Srinivas, and Thambi Srinivas, seeking inter alia a declaration that the 1st Plaintiff Thangavel Thambiraja Nades has exclusive rights to the trademark “Patchouli” and sought an Enjoining Order in the first instance, in terms of the Intellectual Property Act No.36 of 2003 on the ground of unfair competition.

Plaintiffs in their Plaint stated that the manufacturing of the product “Patchouli” commenced as far back as August 2018, and the said incense stick was distributed in Sri Lanka through Uni Lanka Traders, and the said incense sticks under the brand name “Patchouli” gained immediate acceptance in the market and became a popular brand.

Plaintiffs state that in November 2019, they were informed that another party was selling incense sticks by the same name “Patchouli”, and they discovered that the Defendants were using the trademark of the Plaintiffs, and using the same design and getup, in order to confuse the general public.

Harsha Amarasekara PC with Niranjan Arulpragasam and Sachindra Sanders instructed by G.G Arulpragasam appeared for the Plaintiffs. Chandaka Jayasundera P.C with Thishya Weragoda instructed by M/s. Neelakandan and Neelakandan appeared for the Defendants.