Significant Court victory for Friends of Manipay Hospital in Ride For Ceylon dispute

• Sri Lankan Commercial High Court rejects interim injunction application by former volunteer rider and awards costs to FOMH
• Court recognises FOMH’s longstanding charitable use of the Ride For Ceylon brand and considers earlier UK Intellectual Property Office decision in favour of charity

Friends of Manipay Hospital (FOMH), a UK-registered charity supporting Green Memorial Hospital in Manipay, Sri Lanka, issuing a statement welcomed the order delivered by the Commercial High Court of Colombo on 7 October in Case No. CHC/014/2026/IP.

It said the Court rejected the applications for interim injunctions brought by a former volunteer rider against FOMH and other defendants, with an award of costs of Rs. 75,000.

“The decision represents a significant development in FOMH’s efforts to protect the Ride For Ceylon charitable fundraising initiative and its associated intellectual property interests,” FOMH said.

Following are excerpts from its statement. 

In its judgement, the Court acknowledged that the Ride For Ceylon name and mark had been used for a considerable period in fundraising activities undertaken by FOMH in both the UK and Sri Lanka.

The Court considered the history of the charitable cycling initiative, the involvement of volunteers, the competing claims to the trademark, and the evidence presented by the parties.

The judgement also recorded that the plaintiff was a volunteer member of FOMH and had participated in charitable fundraising activities undertaken for the benefit of Green Memorial Hospital.

The Court concluded that the plaintiff had not established sufficient grounds to prevent the defendants from continuing to use the Ride For Ceylon name and mark by way of the interim injunctions sought until the final determination of the case.

The Sri Lankan Court’s order also considered the earlier UK Intellectual Property Office (UK IPO) proceedings concerning the Ride For Ceylon trademark.

In decision O/882/22 dated 11 October 2022, the UK IPO upheld FOMH’s challenge to a similar attempt by another volunteer member and gave a decision on the Ride For Ceylon UK trademark ownership dispute in favour of the charity.

The Sri Lankan Commercial High Court noted that the plaintiff had knowledge of the UK IPO proceedings but had failed to disclose their status in the present action.

FOMH considers the UK IPO decision an important part of the documentary history establishing the charitable origins and ownership of the Ride For Ceylon brand in the UK.

Ride For Ceylon has brought together cyclists, sponsors, donors, and volunteers internationally to support the development of Green Memorial Hospital, a historic medical institution founded in 1848.

FOMH recognises and values the contributions made by volunteers over many years.

The charity nevertheless considers it essential that intellectual property, goodwill, and fundraising initiatives developed for charitable purposes remain protected for their intended beneficiaries.

FOMH will continue to act through its legal representatives to safeguard its interests and consider any further remedies advised by its legal team, including a possible claim in reconvention.

Legal costs incurred in protecting the assets, as well as travel costs to attend Court hearings, are personally met by the Trustees, without dissipating the charity’s funds.

The Board of Trustees of Friends of Manipay Hospital welcomes the Commercial High Court of Colombo’s decision.

The Trustees reaffirm their commitment to protecting the charitable purpose of Ride For Ceylon, maintaining public confidence in international fundraising and ensuring that the initiative continues to support healthcare services at Green Memorial Hospital.

The charity’s priority remains delivering lasting benefits to patients and other good causes recommended by its riders.