Court order against House of Fashions in case filed by ‘Under Armour’

Wednesday, 23 July 2025 00:06 - - {{hitsCtrl.values.hits}}

‘Under Armour,’ a world-renowned brand in the sports apparel industry, successfully obtained an interim injunction from the Commercial High Court of Colombo against House of Fashions for selling counterfeit Under Armour garments.

In the Plaint, Under Armour Inc. claimed that House of Fashions was involved in the sale of counterfeit garments unlawfully bearing its registered ‘Under Armour’ trademarks and logos.

When the case was first filed, Commercial High Court Judge Jagath A. Kahandagamage initially issued an enjoining order against House of Fashions, restraining it from selling any counterfeit Under Armour garments. The Commercial High Court further issued an Anton Piller order directing the Registrar to proceed to the two outlets of House of Fashions located at No. 101, D.S. Senanayaka Mawatha, Colombo 8 and No. 28, R.A. De Mel Mawatha, Colombo 4 to search, seize samples, and make an inventory of all counterfeit Under Armour garments found therein at such premises.

During the subsequent interim injunction inquiry, the Plaintiff distinguished its genuine Under Armour garments from the counterfeit garments sold by the Defendant. The Defendant, however, claimed that the garments bearing the Under Armour trademarks were genuine.

Nevertheless, having considered submissions made by both the parties, the Court gave an order indicating that the Defendant had failed to substantiate its claim of alleged genuineness of the garments by providing credible evidence. The Court further noted that the findings in the Plaintiff’s expert verification report unequivocally concluded that the products sold by the Defendant were not original Under Armour merchandise, but counterfeit replicas.

Accordingly, Judge Kahandagamage issued an interim injunction restraining House of Fashions from manufacturing, importing, distributing, marketing, promoting, offering for sale, selling, storing for sale, and/or otherwise howsoever dealing in goods bearing names, marks, signs, logos, and/or devices identical to and/or confusingly similar to Under Armour’s registered trademarks.

This case marks a significant milestone in strengthening the protection of intellectual property rights for brand owners against counterfeiters in Sri Lanka.

The Plaintiff, Under Armour Inc., was represented in Court by Senior Counsel Manoj Bandara, with Nathaya Nanayakkara, Attorney-at-Law, Lakshani Perera, Attorney-at-Law, and Gimhani Hettiarachchi, Attorney-at-Law, instructed by Sudath Perera Associates. The Defendant, House of Fashions Mega Mall Ltd., was represented in Court by President’s Counsel Romesh De Silva, with Niran Anketell, Attorney-at-Law, instructed by Sanath Wijewardane Associates.

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