HC restrains “Atlasi” on intellectual property litigation by “Atlas”

By S. S. Selvanayagam

Colombo High Court issued an Enjoining Order against the Shiran Exercise Book Industries restraining it from using the “Atlasi” trade mark that resembles the trade mark “Atlas”.

High Court judge P. W. D. C. Jayatilake issued this enjoining order sequent to the intellectual property litigation initiated by the Ceylon Pencil Company Ltd which is engaged in the business of printing/manufacturing and distributing exercise books under the name “Atlas”.

The Court also issued notices returnable for 7 December on the Defendant Shiran Perera who is carrying on business under the name of Shiran Exercise Book Industries at Dehiwala.

Plaintiff Ceylon Pencil Company Ltd alleged the defendant is distributing, selling and directly canvassing for the promotion and sale of exercise books with covers containing a mark “Atlasi” which is similar to the mark of the plaintiff and is thus infringing the plaintiff’s mark and is engaging in unfair competition, diluting its goodwill and reputation and misleading the public in a manner prejudicial to its interest.

The plaintiff pleads that the said “Atlasi” marked used by the defendant on the said books printed and sold by the defendant is confusingly similar to and/or resembles that of the plaintiff.

It also pleads that the defendant has used the said mark to piggy back on the reputation of the plaintiff and/or to pass off the said product as that of the plaintiff.

It further pleads that the use of the defendant of the said mark and the manufacture and sale of the said books is an act of unfair competition, and dilutes the goodwill of the plaintiff within the meaning of the Intellectual Property Act.

Plaintiff is seeking a declaration from the court that the defendant has no right in law to use the said mark and/or to manufacture and/or to sell or distribute exercise books containing the mark “Atlasi” or any other mark similar to that of the Plaintiff’s said mark “Atlas”.

M. A. Bastianz with Sudath Jayasundara instructed by K. Ganeshayogan appeared for the plaintiff.