Samson & Sons (Private) Limited, widely known as DSI, is a leading homegrown brand and manufacturer of footwear, apparel and bicycle tyres across the country and has established a strong reputation for quality products in Sri Lanka since its inception. In 2006, DSI launched ‘AVI’, a local sportswear brand and, owing to its tremendous success, goodwill and reputation, in 2022, an AVI exclusive brand outlet was opened in Colombo 07.
Action was filed in the Commercial High Court of Colombo by DSI through their lawyer Sudath Perera Associates, against an entity operating an e-commerce business on Facebook and Instagram under a purported name of “AVI_Clothing”. The action was filed for the infringement of DSI’s AVI trademark and brand on the basis of unfair competition and passing-off.
On 27th March 2023 the Commercial High Court Judge Priyantha Fernando, issued an enjoining order against the Defendant, AVI_Clothing, for engaging in the business of selling clothing with a brand name identical or confusingly similar to the AVI trademark and brand.
The Plaintiff, DSI, pleaded that the Defendant has copied the mark “AVI” belonging to the Plaintiff in a phonetically and visually similar manner with the deliberate intention of passing of its products as those of the Plaintiff.
The Plaintiff further pleaded that the slight insignificant changes in the impugned mark used by the Defendant are unnoticeable to the average consumers and deliberately adopted with the mala fide intention of the Defendant to usurp the goodwill and reputation of the Plaintiff’s AVI trademark.
The Commercial High Court having heard the submissions of the Lead Counsel for the Plaintiff issued an enjoining order as prayed for by the Plaintiff restraining the Defendant from continuing to use the name/sign/ mark “AVI” or any other variation thereof and from carrying out the business under the trade name “AVI_Clothing” and any other variation thereof and using any other trade name or trademark confusingly similar to Plaintiff’s trade name or trademark. Furthermore, notice was issued on the Defendant to appear in Court on 10th April 2023.
Attorneys-at-law Mr. Manoj Bandara and Ms. Nayomi Chethana, instructed by Sudath Perera Associates, appeared for D. Samson & Sons (Private) Limited. (DSI)