Commercial HC restrains Dharshan International (Pvt) Ltd

From manufacturing “Patchouli” incense sticks

The Commercial High Court of Colombo issued an interim injunction, restraining Dharshan International (Pvt) Ltd and its Directors from using, manufacturing, marketing, selling and distributing incense sticks under the name style of ‘Patchouli’.

Dharshan Lanka Global (Pvt) Ltd instituted an action against Dharshan International (Pvt) Ltd, seeking a declaration that the plaintiff ‘s as exclusive rights to the trademark “Patchouli” and sought and enjoining order in the first instance, in terms of the Intellectual Property Act NO.36 of 2003 on the ground of unfair competition.

Mr.harsha Amarasekara PC with AAL Mr.niranjan Arulpragasam and Mr.sachindra Sanders appearing for the Plaintiffs instructed by

AAL MR.G.G Arulpragasam stated that the manufacturing of the product “Patchouli” by the Plaintiff commenced as far back from August 2018 and the said incense stick was distributed in Sri Lanka through Uni Lanka Traders under the brand name “Patchouli

In November 2019 Dharshan Lanka Global (Pvt) Ltd, were informed that another party was selling incense sticks by the same name “Patchouli” and when the Plaintiffs made inquiries found that the Defendants in this case were using the same trademark, design and the getup of the Plaintiff’s product, in order to confuse the public.

Commercial High Court Judge M. Ahsan .Marikar who observed that a prima facie case has been established, issued an ex parte enjoining order against the Defendants Dharshan International (Pvt) Ltd, restraining them from using , manufacturing, selling and distributing incense sticks under the brand name of Patchouli” and issued notices of interim injunction and summons to be served on the Defendants.