Enjoining order issued in Dulux case

by Sarath MALALASEKERA

The Western Province High Court Judge Ms. P. Rohini Walgama issued an enjoining order, preventing and restraining the defendant, its servants, agents and all those acting and holding under the defendant from directly or indirectly holding out that the defendants brand "Dulux."

The judge also issued notice of interim injunction as prayed for in the prayer 'e' to the plaint.

The plaintiff Macksons Paints Lanka (Pvt) Limited of Third Cross Street, Colombo 12 cited Akzo Nobel Paints Lanka (Pvt) Ltd, of Kew Road, Colombo as defendant.

The judge issuing an enjoining order and interim injunction observed - "Heard the counsel in support of the instant application, being satisfied with the facts placed before court it is considered appropriate to issue an enjoining order as prayed for and notice of interim injunction as prayed for in the plaint."The plaintiff's Senior Counsel, Kushan de Alwis moving for an enjoining order and interim injunction submitted to court that in this matter, plaintiff and the defendant market paints in this country.

The paints are divided into basically emulsion and enamel as well as wood preservatives.He also submitted that the advertisement in which the defendant holds out that of all the paints that have been tested the defendant's paint is the only paint which conforms to international standards amounts to unfair competition.

The reports which clearly show that the paints manufactured by the plaintiff conforms to international standards.I am not trying to stop the defendant company from advertising their products. But this is ex facie false premise on which the defendant is carrying out this advertising campaign.

The report which is referred to in the advertisement itself clearly states that my products have not been tested.