The Commercial High Court of Colombo issued an Interim Order preventing the Defendants from using in the course of the seeds business the business identifier similar to the trade mark ‘PS – Poloseed’ of Plaintiff Prith Seeds Ltd.
High Court Judge Mahinda Samayawardhena issued this Interim Order against the Defendants Darshan Shiromal Pieris and Iresha Nilakshi Shanika Pieris in an Intellectual Property litigation filed by Prith Seeds Ltd.
Plaintiff filed the legal action on the ground of unfair competition on the part of the Defendants.
The 1st Defendant who owned the Plaintiff Company engaged in seeds business sold it to Agstar PLC together with goodwill, stocks, packing material, suppliers’ base and customers’ base, etc.
It was a condition the 1st Defendant shall not start a seed business in competition with the Plaintiff Company. The Plaintiff contends that the 1st Defendant started a rival business in 2017 under the name ‘Seed House’ in the name of his daughter the 2nd Defendant in and alleged attempt to circumvent the condition.
Manoj Bandara with Thidas Herath instructed by Sudath Perera Associates appeared for the Plaintiff. Derek Fernando Associates appeared for the Defendants.