Waves gets Supreme Court interim relief in W trademark dispute

Saturday, 2 August 2025 00:51 - - {{hitsCtrl.values.hits}}

Plaintiff says offending designs uncannily resemble registered W mark
Distinctions insufficient to prevent customer confusion
D. Samson Industries’ Waves exported to over 15 countries

In a significant development within Sri Lanka’s intellectual property sphere, D. Samson Industries, proprietors of the Waves footwear brand, obtained interim orders from the Supreme Court in a trademark infringement dispute against Wealth Footwear Industries.

The legal proceedings stem from an appeal lodged by D. Samson Industries, challenging a Commercial High Court ruling dated 25 April 2025, amid allegations that Wealth Footwear Industries had unlawfully replicated the Waves trademark, specifically its distinctive logo, W, on their range of flip-flops. The Plaintiff asserts that the offending designs bear an uncanny resemblance to the registered W mark, with superficial distinctions insufficient to prevent customer confusion. They further claimed that these actions were a calculated attempt to capitalise on the strong brand reputation and trust built by “Waves” over the years.

Representing D. Samson Industries were Senior Counsel Lakshmanan Jeyakumar with Bhagya Herath, instructed by JK Chambers’ Kanchana Senanayake and assisted by Chamani Kandamby.

The case was taken up before a panel of Justices on 21 July. Following submissions made by counsel, the Supreme Court granted leave to appeal and issued interim relief in favour of D. Samson Industries. The Court’s two key directives restrain Wealth Footwear Industries from manufacturing, selling, or distributing any flip-flops or footwear featuring the letter ‘W’ in any form, or any mark bearing close resemblance to, or likely to cause confusion with, the registered “Waves” trademark, and engaging in promotional or advertising activities across print and electronic media, in connection with any products bearing the contested mark.

Since its launch in 2007, and subsequent rebranding in 2014, Waves has not only maintained a robust presence in Sri Lanka but has also expanded its footprint to more than 15 international markets, garnering global recognition for its ethical and sustainability practices.

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