Leelananda v. Earnest De Silva – SLR – sllr 1990 volume 2 page 237

In the case between Leelananda (Plaintiff) and Earnest de Silva (Defendant/Accused-Appellant), the court addressed the issue of whether a former employee infringed registered trade marks and falsely applied marks under Sections 150 and 152(1)(b) of the Code of Intellectual Property Act by using a similar mark for his soap products. It was held that convictions under both sections were justified, clarifying the interpretation of statutory requirements regarding registered marks and the mental elements required for each offence. The decision reaffirmed that visual and phonetic resemblance sufficient to mislead the public constitutes infringement, with reliance placed on statutory provisions, case precedent, and the function of Section 67 of the Penal Code. The court emphasized that evidence