Commercial HC issues interim injunction in trademark infringement case involving cleaning chemical brand

The Commercial High Court issued an interim injunction to a cleaning chemical company named C.K.A.Y Marketing and Distributors, in a trademark infringement case filed by a prominent cleaning chemical brand called ‘CLEANA’, alleging unauthorised use of its registered logo and trade mark. 

The plaintiff claimed that the defendant company has been marketing products bearing a mark CLEANZA to its stylised logo, leading to consumer confusion and dilution of brand identity.

The Commercial High Court in its order stated that “it would prevent them from using the mark or trade name that is confusing similar to those used by the plaintiff”.

The court further stated, “The mark ‘CLEANA’ and ‘CLENZA’ are similar visually and phonetically. If these two trademarks sound the same, there is a possibility they could be found confusingly similar. Therefore, the balance of convenience clearly favours granting the interim injunctions sought by the plaintiffs.” 

Counsel Sandun Senadhipathi, with Nuwan Godage, appeared for the plaintiff company, under the instructions of Danuka Lakmal.