Colombo HC Issues Enjoining Order Against Abans' Use of McDonald's Brand

The Colombo Commercial High Court has issued an enjoining order preventing Rusi Pestonjee, Managing Director of Abans PLC, from utilizing the McDonald's brand name or any similar derivatives. The order also prohibits the sale of McDonald's food and menu items in several locations until April 4, including restaurants in Kotahena, Nugegoda, Kiribathgoda, and others.

The ruling came in response to a lawsuit filed by McDonald's Corporation, asserting its ownership of the "McDonald's" name and its iconic reputation worldwide. McDonald's argued that the defendant's actions violated their intellectual property rights under the Intellectual Property Act, No. 36 of 2003.

The plaintiff, McDonald's Corporation, emphasized its termination of any rights granted to the defendant under a Development Agreement dated August 21, 1997, due to actions that rendered the agreement obsolete. McDonald's seeks a declaration affirming the defendant's lack of entitlement to use the McDonald's name or any similar variations.

Dr. Romesh De Silva PC, instructed by Sanath Wijewardane, represented McDonald's Corporation in the proceedings. The enjoining orders aim to safeguard McDonald's brand integrity and prevent misleading associations between the defendant's restaurants and the McDonald's brand.