Julius & Creasy

SC. Appeal 92/2019 – Unilever Sri Lanka Limited vs. Nature’s Beauty Creations Limited

We act on behalf of the Plaintiff-Appellant. We have filed action on behalf of our clients against the Defendant-Respondent for publishing / airing disparaging advertisements against our clients in contravention of Section 160 of the Intellectual Property act No. 36 of 2003. Although, the Hon. Commercial High Court made Order refusing the Interim Injunction prayed by us, The Supreme Court has granted leave to our clients in appeal of the said Order. Supreme Court further granted an Interim Order restraining the Defendant-Respondent from publishing / airing the three specific advertisements. The said Appeal has been fixed for Argument.

HC (Civil) 26/2019/IP – Watawala Tea Ceylon Limited vs. Harrisons (Colombo) Limited and International Cosmetics (Private) Limited

We represented the Defendants in this matter. The Plaintiff instituted action against our clients obtaining an Enjoining Order at the first instance, restraining our clients from using, packing, supplying, advertising, promoting, marketing and selling their “Apê Thê” brand of tea. However, we have successfully defended our clients which resulted in the Hon. Court vacating the Enjoining Order against the Defendants and further refusing the Interim Injunction prayed for by the Plaintiff. As a result, the Plaintiff withdrew the action. A separate action has been initiated by the defendants against the plaintiff claiming damages for the loss caused during the operation of Enjoining Order..

HC (Civil) 37/2019/IP – Maharaja Entertainments (Private) Limited vs. Independent Television Network Limited

We represent the Plaintiff in this matter. Our client holds the exclusive territorial license in respect of the film “ASTERIX: The Secret of the Magic Potion” for commercial exploitation in the territory of Sri Lanka. This action was instituted against a television channel based in Sri Lanka for wrongfully, unlawfully and without authorization from our clients, broadcasting the said film in Sri Lanka in violation of client’s copyright and related rights. This case is fixed for Interim Injunction Inquiry by way of Oral Submissions.

HC (Civil) 03/2020/IP - CONSTANCE CARROLL Spolka Z Ograniczona Odpowiedzialnoscia Spolka Komandytowa vs. British Cosmetics (Pvt) Ltd

We act on behalf of the Plaintiff – a Polish company who are the owners of the “CONSTANCE CARROLL” mark, used in relation to its world famous cosmetic products. We have instituted action on behalf of our clients against the former local distributor of the said products for engaging in Unfair Competition and violating our client’s rights under Section 144 of the Intellectual Property act No. 36 of 2003. We also represent our client in connected inquiries against the defendants at the National Intellectual Property Office and the National Medicines Regulatory Authority.

HC (Civil) 06/2020/IP - Minor International Public Company Limited and MHG IP Holding (Singapore) Pte. Ltd. vs. Dr. Anoma Jayasinghe and Mr. Rohan Jayasinghe

We represent the Plaintiffs who operate several hotels and resorts worldwide under the name and style of “AVANI”. We have filed action on behalf of our clients against the owners of boutique hotel carrying on business under the name and style of “ARVANI” VILLA. We have pleaded that the said act amounts to Unfair Competition in terms of Section 160 and trademark infringement under Section 121 of the Intellectual Property act No. 36 of 2003.