JAS Active Wear Ltd., known for its ‘LCY’ branded garments and popularly known in the retail market as the ‘Legacy’ brand, filed action in the Commercial High Court of Colombo against an infringing party, Nation Tex, a wholesale fabric supplier for selling fabrics bearing marks identical to and confusingly similar to the registered trademark of the company.
JAS Active Wear is a family-owned business dating back to 1997 and has over the years grown into one of country’s leading fashion companies for men’s clothing, popularly known for their range of Men’s Polo T-Shirts. The Plaintiff, since its inception, has conceptualised, designed and manufactured its own brand of garments, popularly known in the market as the ‘Legacy’ brand or ‘Legacy’ products and now under the distinctive ‘LCY’ logo.
It was argued on behalf of the JAS Active Wear that the impugned mark which is an exact replication of the registered trademark and logo, is visually, deceptively, and confusingly similar to the registered mark of the company, and as such, adoption by the infringing entity cannot be a mere coincidence.
The Commercial High Court Judge M.A.R Marikar granted an enjoining order restraining the infringing entity from importing, distributing, selling and/or dealing in any manner whatsoever, goods, fabrics, garments or any goods bearing the sign/mark confusingly similar to the registered trademark of the Company.
The ‘LCY’ branded products are available at several prominent retail chains throughout the country and at the company’s very own Flagship store at the One Galle face mall which was opened in October 2020. The Brand has gained significant popularity over a short span of time, capturing a widespread customer base, largely owing to their conscious efforts to provide high quality garments to their consumers.
The company pleaded that its brand is widely popular in Sri Lanka and as such the infringing entity, being a wholesale fabric supplier, ought to have been aware of the popular ‘LCY’ brand and their registered logo. It was further stated that the fabric sold by the infringing party are of inferior quality to those of the company, and as such, irreparable loss and damage will be caused to the brand’s goodwill and reputation by such distribution and sale of substandard products.
Upon hearing submissions of the Counsel for the Plaintiff, the learned High Court Judged issued notice on the Defendant to appear in Court on 18 June.
JAS Active Wear was represented in court by Counsel Manoj Bandara, Attorney-at-Law instructed by Sudath Perera Associates.