Commercial High Court grants ground-breaking Interim Order in Intellectual Property rights

The Commercial High Court of Colombo recently issued an Interim Order preventing the Defendants from using the trade name, trademark and the logo ‘Varnam TV’/’Varnam FM’ on their own, unlawfully in its television and radio channels, internet broadcasting or video streaming.

High Court Judge Sampath Wijeratne granted the Interim Order against the 1st Defendant, Voice of Asia Networks Ltd. (Siyatha TV) in an Intellectual Property litigation filled by Alliance Media Company Ltd., through their lawyers Manoj Bandara, Thidas Herath Maduwelthanne instructed by Sudath Perera Associates. President’s Counsel Chandaka Jayasundere appeared for the 1st Defendant.

The Plaintiff filled the legal action on the grounds of trademark infringement, unfair competition and tradename infringement on the part of the Defendants.

In 2012 the Plaintiff company which owns the ‘Varnam TV’/’Varnam FM’ trademark, tradename and logo agreed to a joint venture between the Plaintiff and 1st Defendant together with goodwill, whereby the resources of both parties could be brought together and developed.

The Plaintiff contends that the 1st Defendant has caused a fraudulent registration of the said trademark, on the purported basis that it had been assigned to 1st Defendant by the Plaintiff. The Commercial High Court of Colombo issued an Interim Order reinforced by a clear exposition of the relevant law. In the analysis of facts, the Commercial High Court held that the Plaintiff has set out a prima facie sustainable case against the 1st Defendant.

When the balance of convenience is considered, in light of the probability, which the 1st Defendant could continue their telecasts and broadcasts through their original channels, the Court decided that even if the 1st Defendant is restrained from using the said trademarks and tradenames, no material prejudice would be caused to the 1st Defendant.