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| Sunday, 5 October 2003 |
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David Pieris granted Order against ICC Development David Pieris Motor Company Ltd. (DPMC) was granted an order against ICC Development (International) Ltd. by the Commercial High Court of the Western Province. During September-October 2002, ICC Development staged the ICC World Cup Cricket Tournament in Sri Lanka, sponsored by Hero Honda. DPMC did a special promotion advertising its line of Bajaj motorcycles (for which it is the sole distributor in Sri Lanka) and offered special gifts for every Bajaj motorcycle purchased during the tournament. This special promotion was advertised in most local newspapers. Reacting to these advertisements, ICC Development which claimed exclusively to the event, sought to prevent DPMC from using the tournament for its marketing campaign and warned of severe repercussions and legal action if DPMC failed to cease its advertising campaign immediately. DPMC responded that it was not in violation of anyone's right since, as far as it was aware, no one had exclusive right to images of bats, balls, bails and the national flag of any country. It sought relief through the Commercial High Court of the Western Province, seeking a Declaration of Non-infringement (Case No. HC/Civil/27/2002(3)). Dr. Harsha Cabral appeared for DPMC together with Mohamed Adamaly and Buddhike Illangethileke instructed by Ishara Gunawardena, ICC Development was represented by DL & F De Saram. The case was heard before K. T. Chitrasiri, Judge of the Commercial High Court of the Western Province (Court No. 02). The Court held as follows: "It is important to note that no one has the exclusive right to the national flag of a country, to cricket balls and bails..... I accept the contents of the affidavit of the Plaintiff and decide that the Plaintiff is entitled to relief for a declaration of non-infringement under Section 181 of the Code of Intellectual Property Act, No. 52 of 1979.....I also decide that the attempt of the Defendant to prevent the Plaintiff from carrying on its legitimate business, promotional and marketing activities, constitute acts of unfair competition within the meaning of .....Section 12 of the Code of Intellectual Property Act. "In the circumstances I decide that the Plaintiff is entitled to the relief prayed for in the Plaint. Accordingly, I enter Judgement in favour of the plaintiff." |
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