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USAID signs agreements with 8 businesses to promote commercial mediation

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Eight Sri Lankan business conglomerates have signed agreements to pursue commercial mediation to settle disputes as opposed to always using litigation, a move that will help make the Sri Lankan judicial system more efficient and effective by reducing case backlogs.

The United States Agency for International Development (USAID) assisted with development of a memorandum of understanding the eight companies individually signed on Tuesday, July 18, with USAID’s Effective and Efficient Justice (EEJ) activity. The agreements enable the companies to receive commercial mediation training, exposure to international-standard mediation and commercial mediation services and encourages the companies to incorporate a mediation clause into their corporate contracts.

Commercial mediation is a viable alternative dispute resolution (ADR) mechanism that also will help promote investments and commercial development in Sri Lanka.

Nations Trust Bank PLC, Tudawe Brothers (Pvt) Ltd., AKK Engineering, Nawaloka Constructions, Dilmah Ceylon Tea Company, Maga Engineering (Pvt) Ltd., Ranasinha Constructions, and MAC Holdings signed their agreements at a ceremony held at Cinnamon Grand Hotel, Colombo.

The partnerships are part of the commercial mediation pilot program launched by USAID under its EEJ activity. The activity provides training in commercial mediation and other ADR methods for these companies through workshops facilitated by international mediation experts. To improve ADR services in Sri Lanka, the project also trains ADR centers in mediation center management and administration.

“By helping adopt international best practices in case management and court management, and also by improving legal education and promoting and facilitating the use of ADR mechanisms, we hope to see reduced case delays and court backlogs, and promote the principles of people-centered justice,” said Ali Ezzatyar, USAID Acting Mission Director. “We believe that a strong justice system not only ensures the rule of law, but provides easy access.”

Since 2021, USAID’s Efficient and Effective Justice activity has been helping to equip the justice sector with international best practices, systems, and tools.

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ASPI hits record high

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The All Share Price Index (ASPI) of the Colombo Stock Exchange (CSE) has reached an all-time high of 13,511.73 points, marking an increase of 171.69 points.

The S&P SL20 stood at 4,016.60 points.

The CSE reported a trading turnover of Rs. 5.2 billion at the close of the session.

The previous record was achieved on January 19,2022. Amidst multiple off-board transactions, the turnover surged past Rs.5.2Bn, marking a 48.8% increase from the monthly average.

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DSI obtains enjoining order against infringement of ‘Fun Souls’ brand

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Action was filed in the Commercial High Court of Colombo by DSI through their Attorneys Sudath Perera Associates against the entity Lakpa Footwear Ltd., with its headquarters based in Horana. The action was filed for the infringement of DSI’s ‘Fun Souls’ trademark and brand and the shoe design on the basis of trademark infringement, unfair competition, and passing-off.

D. Samson & Sons Ltd., widely known as DSI, is a leading homegrown brand and manufacturer of footwear, apparel, and bicycle tyres across the country and has established a strong reputation for quality products in Sri Lanka since its inception. In 2016, DSI introduced and developed the brand ‘Fun Souls’ with a youth identity, to offer a range of unique shoes and bags, including infant shoes, toddler shoes, boys’ and girls’ footwear, and accessories. This ‘Fun Souls’ shoe design was an original concept presented by the DSI brand family.

On 1 November, Commercial High Court Judge Jagath A. Kahandagamage issued an enjoining order against the Defendant for engaging in the sale of kids’ footwear with a brand name/design identical or confusingly similar to the ‘Fun Souls’ trademark and the shoe design.

The Plaintiff, DSI, pleaded that the Defendant has copied the mark ‘Fun Souls’ and the design of the shoe belonging to the Plaintiff in a similar manner with the deliberate intention of passing off its products as those of the Plaintiff.

The Plaintiff further pleaded that the slight, insignificant changes in the impugned mark and the design used by the Defendant are unnoticeable to the average consumer and deliberately adopted with the mala fide intention of the Defendant to usurp the goodwill and reputation of the Plaintiff’s ‘Fun Souls’ trademark and the shoe design.

The Commercial High Court, after hearing the submissions of the Lead Counsel for the Plaintiff, issued an enjoining order as requested by the Plaintiff. The order restrains the Defendant from continuing to use or carrying out business using its infringing shoe design, under the name, sign, or mark ‘Fun Shoe,’ which is misleadingly similar to the Plaintiff’s trademark ‘Fun Souls’ and its associated shoe design.

It also prohibits the Defendant from using any other variation of the name, sign, mark, or shoe design that is confusingly similar to the Plaintiff’s trademark or trade name, and from adopting any trade name or trademark that could cause confusion with the Plaintiff’s trademark or trade name.

(ft.lk)

(This story, originally published by ft.lk1st has not been edited by SLM staff)

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W.M. Mendis’ liquor manufacturing license to be suspended

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The liquor manufacturing license issued to W.M. Mendis & Co. Limited will be suspended from tomorrow (December 5) due to their failure to pay Rs. 5.7 billion in excise taxes and surcharges, the Excise department said.

Accordingly, as per the provisions Excise Ordinance Act, the Commissioner General of Excise has ordered to suspend the liquor manufacturing license issued to W.M. Mendis & Co. Limited effective from tomorrow.

The department further stated that measures have been taken to suspend the liquor manufacturing process from tomorrow (December 5) and to not renew the other licenses issued to the company from December 31 onwards if the company continues non-payment of tax arrears and surcharges. 

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