The enjoining order restrains Eser Marketing International (Pvt) Ltd and its directors from using in any manner the purported name ‘Eser Marketing Fitness’ or such other name similar or identical to the Plaintiffs’ name ‘Eser Marketing Fitness’.
The enjoining order was granted by Commercial High Court Judge E. A. G. R. Amarasekara. The Plaint was supported by Senior Counsel Mr. Avindra Rodrigo with Ms. Anita Perera Attorneys-at-law on the instructions of M/s Thavanesans and Fernando.
The Plaintiffs pointed out that the Defendants, Eser Marketing International (Pvt) Ltd are using a purported name and mark ‘Eser Marketing Fitness’ to market and sell products similar to those of the Plaintiffs, which is misleadingly similar to the name and mark of the Plaintiffs, ‘Eser Fitness’ and ‘Eser Marketing Fitness’. Counsel of the Plaintiff further submitted that the conduct of Eser Marketing International (Pvt) Ltd was in contravention of the Plaintiffs rights under the Intellectual Property Act.