HC issued Interim Order against BGN Super Food City in case filed by Cargills

By S.S. Selvanayagam

The Colombo High Court issued an Interim Order against an adversary business enterprise Defendant ‘BGN Super Food City (Pvt) Ltd.,’ preventing it from using the terms ‘Food City’ along with the slogan ‘Gedara Yana Gaman,’ which is identical to that of Cargills (Ceylon) PLC.

High Court Judge Ratnapriya Gurusinghe also issued notice on the Defendant returnable for 11 October. Plaintiff Cargills (Ceylon) PLC filed legal action under the Intellectual Property Act against the Defendant BGN Super Food City Ltd.

The Plaintiff in its Plaint seeks the Court for an order to restrain the Defendant from using the terms “Food City” along with the slogan ‘Gedara Yana Gaman’ and/or any other term which is identical and/or misleadingly similar to the Plaintiff’s Trademark(s) and using the red and white get-up of the Plaintiff in any manner whatsoever to identify the Defendant.

It states it has its origins dating back to 1844, when a general warehouse and import wholesale business was established in Fort, Colombo, (then) Ceylon, under the name ‘House of Cargills,’ wherein after the Plaintiff was incorporated as a Public Limited Liability Company on 1 March 1946.

It further states it has grown to become a large, well-reputed and prestigious conglomerate in Sri Lanka with diversified business operations under multiple companies, having accumulated numerous awards and accreditations over the years. It also states than in 1983, it launched the first supermarket chain in Sri Lanka under the name and style of ‘Cargills Food City’ with the opening of its first outlet at Staple Street, Colombo, and that it had expanded since to become the largest supermarket chain in the island with well over 350 stores in all districts of the country and that it has become a household name in Sri Lanka.

It complains that the Defendant, through the operation of a supermarket/convenience store, is unlawfully using the Plaintiff’s Trademark(s), colour scheme and get-up as part of its trading name and visual displays in a manner that is misleading similar and/or identical to the Plaintiff, thereby infringing the Plaintiff’s Trademark to confuse the general public into believing that the Defendant is associated with/endorsed by the Plaintiff.

Harsha Cabral PC with Nishan Premathiratne and Migara Cabral instructed by Julius & Creasy appeared for the Plaintiff.