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
