In its detailed and reasoned verdict, the Honorable High Court of Colombo states that the plaintiff (Lex Sportel & Co Led by RC Venkatiesh) suppressed material facts while not just dismissing their interim application but also imposing costs.
Lex Sportel, Lex Entertainment & RC Venkateish’s interim application was dismissed with costs by the High Court of Colombo, Sri Lanka months after being restrained by Delhi High Court from using DSPORT mark in any manner.
The scathing verdict brings out the devious game plan of plaintiffs (Lex Sportel, Lex Entertainment and RC Venkateish) wrongfully claiming right in respect of DSport channel and the mark consisting of word ‘DSport’ within the territory of Sri Lanka.
Here are key excerpts of the judgement: –
- It is abundantly clear that the 1st Plaintiff (Lex Sportel Vision) is a licensee of the 1st defendant (Discovery Networks Asia Pacific) and the 1st Plaintiff was bound to abide by the agreement entered between the 1st Plaintiff and the 1st Defendant.
- The 1st Plaintiff, being a licensee, is not entitled to claim any rights to the DSport channel.
- I am inclined to agree with the submissions made by the Defendants (Discovery Networks Asia Pacific and Discovery Communications India) that the Plaintiffs (Lex Sportel Vision, RC Venkateish and Lex Entertainment) have suppressed material facts before this Court.
- I am of the view that the Plaintiffs have failed to establish a prima facie sustainable case against the Defendants.
- I am satisfied that the balance of convenience lies with the Defendants.
- I dismiss the application for an interim injunction filed by the Plaintiffs, subject to costs.