Bail granted to Weligama businessperson accused of using DSI brand illegally

By Lakmal Sooriyagoda

Matara Magistrate Aruna Indrajith has ordered the release on bail of a Weligama shoe store owner accused of unlawfully using the ‘DSI’ brand name in violation of the Intellectual Property Act. 

The accused was released on personal bail of Rs.2 million.

In court, the accused agreed to use the DSI brand name only with proper authorisation and to remove all unauthorised signage. The order followed a case filed by D. Samson & Sons Ltd, under Intellectual Property Act No. 36 of 2003, against the owner of R.S. Shoe Mart, located on Weligama Railway Station Road.

Appearing for the plaintiff, Counsel Geeth Karunaratne, with Bojaya Kasun, instructed by Sachini Dasanayake, argued that the defendant had engaged in unfair trading practices by displaying the DSI brand name without the company’s consent. He told the court that despite prior written notice to cease using the brand name, the defendant had ignored the warning, constituting an offence under Section 184 of Intellectual Property Act No. 36 of 2003.

He further submitted that selling footwear by imitating a well-known brand for profit is an offence punishable under Section 136 of Code of Criminal Procedure No. 15 of 1979.

Counsel Chamath Karunanayake, appearing for the defendant, informed the court that his client is willing to obtain proper authorisation from the plaintiff company and settle the matter amicably.

After considering the submissions, the magistrate directed both parties to inform the court if a settlement is reached and fixed the next hearing for November 19.