DSI files action against trademark infringement
D. Samson & Sons (Pvt.) Ltd. has reportedly filed action through its legal representatives, Sudath Perera Associates, for the infringement of its trademark “BEAT” in the Commercial High Court of Colombo recently.
Issuing a statement, the company yesterday (7) noted that the Court issued an enjoining order against Udawatta Durage Lalith, restraining him, his employees, agents, workers, and clients and anyone claiming under him, directly and/or indirectly in any manner howsoever, from continuing to use the name/sign/mark “NEAT” or any variations thereof.
D. Samson & Sons (Pvt.) Ltd., the plaintiff in this action and the “largest footwear retailer” in Sri Lanka famed for the brands DSI, DSI Supersport, DSI Beach, BEAT, DSI, USofto, AVI, Samsons, Petalz, Melissa, Jessica, Picasso, Tamik, Nirogi, and Care +, recently filed action for violation of its rights as the registered owner of the trademark “BEAT” against the defendant for the illegal manufacturing and selling of lookalike “NEAT” products.
The plaintiff pleaded that the defendant has copied the registered trademark “BEAT” belonging to the plaintiff without any noticeable alteration, and further stated that the engraved impugned “NEAT” mark on the slipper strap identical to that of the plaintiff caused confusion to the buyer.
“The slight and insignificant alterations between the two trademarks, such as the plaintiff’s ‘BEAT’ trademark and the defendant using the word ‘NEAT’ suggests that the defendant has adopted the ‘NEAT” name/sign/mark with the mala fide intention of usurping the goodwill and reputation of the plaintiff’s ‘BEAT’ trademark,” the company noted.
It further added that Commercial High Court Judge R. Pradeep Hettiarachchi, having heard the submissions of the counsel for the plaintiff, issued enjoining orders as prayed for by the plaintiff preventing the defendant from passing off his products as those of the plaintiff by using the impugned name/mark/sign/designation “NEAT” or any designation, which is visually, phonetically, deceptively, or confusingly similar or identical to the plaintiff’s registered trademark “BEAT”. Accordingly, notice was issued on the defendant to appear in Court on 16 June 2021.
D. Samson & Sons (Pvt.) Ltd. was represented in Court by counsel Manoj Bandara AAL, Shanika Gunawardena AAL, and Arthika Selladurai AAL, instructed by Sudath Perera Associates.