Court issues enjoining order for violating trademark rights of Dedigama Group

By Lakmal Sooriyagoda   

The Colombo Commercial High Court has issued an enjoining  order against a business entity in Kandy restraining it from carrying on  an identical business under a misleadingly similar trade name to  Dedigama, Dedigama Group Ltd.   

In its application, Dedigama Group Ltd stated that their  jewellery and pawn brokering business dates back to 1945, and that since  1992, they have adopted and continued to use the trade name ‘Dedigama’  in the business. As per the case filed in Court, Dedigama Group claims  that their business has over the years become the most trusted gold  house and pawn broker in Sri Lanka, and has grown as Sri Lanka’s largest  pawn brokering network with operations dispersed among 281 branches all  across Sri Lanka. The name “Dedigama” has become a household name in  Sri Lanka, and it is uniquely associated with the business of Dedigama  Group Ltd. They also claim that they have the largest market share in  the gold loan industry, surpassing all the banks and financial  institutions.  

Dedigama Group Ltd. took the matter to Courts through  Sudath Perera Associates after it was discovered that the infringing  party is misusing their trademarks along with the trade signage of  Dedigama Group, in a confusingly similar manner to Dedigama Group, and  have established several branches of identical business with confusing  branding. The civil action was instituted under the Intellectual  Property Act No. 36 of 2003.   

The Plaintiff was represented in Court by Counsel Manoj  Bandara, Nathaya Nanayakkara, Lakshani Perera, Gimhani Hettiarachchi,  and Chamathka De Silva, instructed by Sudath Perera Associates.  

Colombo Commercial High Court Judge K.P. Fernando issued an  enjoining order against the defendant D.C.A.P. Dadigama Pawning Centre  restraining them from advertising, promoting, commencing any new place  of business, stall or shop in respect of its pawn brokering, jewellery  business, using the trade name ‘‘Dadigama” and using a trade name that  contains an adaptation of the Dedigama Group Ltd.’s well-known trade  names “Dedigama Pawning Centre”, “Dedigama Gold Loan Centre”, “Dedigama  Pawn Brokers” or any using any mark or signage confusingly similar to  Dedigama Group Ltd.