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Court issues enjoining order against Abans MD 

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The Colombo Commercial High Court issued an  enjoining order preventing Rusi Pestonjee, Managing Director of Abans PLC or his servants from in any way or manner to use the name McDonald’s or any name in any way or manner similar to the name McDonald’s.

Comercial High Court Judge Sumith Perera further issued an enjoining order preventing Rusi Pestonjee from selling McDonald’s food and menu items in respect of restaurants in Kotahena,  Nugegoda, Kiribathgoda, Battaramulla, Kollupitiya, Rajagiriya, Welisara, Mount Lavinia, Colombo City Centre, Macleod Road restaurant and Shangri-La restaurant.

These enjoining orders will be effective till April 4.

The Commercial High Court made this order consequent to a lawsuit filed by McDonald’s Corporation, a duly incorporated body in the United States of America  which sought court’s jurisdiction under the provisions of the Intellectual Property Act, No. 36 of 2003.

 The plaintiff is the owner of the names “McDonald’s”, “McDonald’s Hamburgers”, “McDonald’s Family Restaurants”. The plaintiff states  that it has developed an iconic reputation throughout the world in relation the name McDonald’s. The plaintiff further states that the plaintiff is the sole proprietor of McDonald’s Restaurants and  what is known as the McDonald’s System. 

The plaintiff states that it has terminated the right of the defendant to use the name McDonald’s or any name in any way or manner similar to the name McDonald’s and to use any name which would convey to the public that the said restaurant is in any way or manner connected to the McDonald’s.

The plaintiff and the defendant Rusi Pestonjee entered into a Developmental Agreement dated 21st August 1997 containing terms and conditions.

The plaintiff further states that the basis of the Development Agreement has ceased to exist due to the actions of the defendant. The plaintiff further states that the plaintiff does not desire the defendant to be a franchisee and to operate any restaurant under the name McDonald’s.

The plaintiff is further seeking a declaration that the defendant has no right to use the name McDonald’s and/or any name in any way or manner similar to the name McDonald’s. 

Dr. Romesh De Silva PC instructed by Sanath Wijewardane appeared for the plaintiff.

Source – Daily Mirror 

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Imported milk powder prices upped

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The price of a 400g pack of imported milk powder has been raised by Rs.100, according to the Milk Powder Importers’ Association.

Previously priced at Rs.1,100, the new cost for a 400g pack is now Rs.1,200.

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No cases filed against 22 banned pyramid schemes – CBSL

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Although the Central Bank of Sri Lanka (CBSL) has banned 22 institutions operating illegal pyramid schemes, no legal action has been taken against any of them so far, according to reports.

This was disclosed during a workshop held at the CBSL yesterday (July 08) on the dangers of pyramid schemes.

According to CBSL officials, after initial investigations, the files were handed over to the Criminal Investigation Department (CID) for further inquiry.

The CID’s Financial Crimes Unit has reportedly completed its investigations and submitted findings to the Attorney General’s Department, which is responsible for filing cases.

However, it was noted that not a single case has been filed to date.

The CBSL states that investigations will be continued against companies engaged in these illegal practices and hopes at least one or two such cases would be filed by the end of this year or early next year (2026).

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Bowser owners warn of fuel distribution crisis

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The Ceylon Petroleum Private Bowser Owners’ Association has alleged that fuel distribution operations have been arbitrarily handed over to another party, which could disrupt fuel transportation across the country.

The association’s Treasurer – Jagath Parakrama warned that the move could jeopardize distribution if not reversed immediately, claiming there is an attempt to create a monopoly over fuel transport.

Parakrama noted that bowser owners, numbering around 400–500 in the association, have long handled the transport of fuel from bulk storage depots island-wide.

He alleged that authorities are now trying to award the fuel transportation route from Colombo and Muthurajawela to Kurunegala to a single businessman via a tender process.

He added, “If we don’t transport the fuel, no one else will be able to do so. However, in the last two or three years, this business was about to be handed over to a few large-scale business people. We, as an association, intervened and managed to stop it for a long time. But now, they are trying to hand over this transportation service to their close associates.”

He stressed that fuel transportation should remain a public service, warning that allowing a monopoly could lead to issues similar to those faced by other transport services.

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