Dispute on identical industrial design goes to Court

By S. S. Selvanayagam

The Colombo Commercial High Court issued interim injunction against Walk Lanka Industries (Pvt) Ltd., preventing it from manufacturing and/or selling products in respect of shoe outsole utilising the industrial design similar to that of Kalro International (Pvt) Ltd.

High Court Judge Rohini Walgama issued this injunction in the form of enjoining order in the intellectual property litigation filed by Kalro International Ltd. against Walk Lanka Industries Ltd.

The plaint was supported by Harsha Amerasekera with Kanchana Peiris instructed by Sudath Perera Associates.

The Plaintiff Company is engaged in the business of the design and manufacture of shoe accessories including the design, manufacture and sale of shoe outsole.

It complained that a Chinese company had allegedly been entered into contract with for the manufacture and supply of moulds utilising such industrial design similar to that of the Plaintiff.

It alleged that the Defendant had copied the Plaintiff’s industrial design and utilised the same and/or a design similar thereto in the shoe outsoles which are manufactured and sold by the Defendant without the consent of the Plaintiff.

It complained the Defendant is seeking to draw a similarity in the minds of the public and the Plaintiff’s customers between the Plaintiff’s product and that of the Defendant.

It alleged certain unscrupulous shoe manufacturers, knowing full well of the fact that the Defendant is copying the Plaintiff’s industrial design are nonetheless purchasing such shoe outsoles from the Defendant, thereby causing further loss and damage to the Plaintiff Company.