Sumanaratne And Others v. Rupatunga – sllr 2006 volume 3 page 368

In the case between Sumanaratne and Others (Plaintiffs) and Rupatunga (Defendant), the court examined whether the actual use of a registered trademark must be proven to secure its protection under Section 117 of the Code of Intellectual Property Act No. 52 of 1979. The core issues included the requirements for a conviction under Section 117, specifically whether ownership by registration and use of a confusingly similar mark sufficed to constitute an infringement. The appellants, successors in title of the originally registered trademark used for an Ayurvedic drug, challenged the reversal of a criminal conviction after the High Court determined that lack of evidence of actual trademark use was fatal. The Supreme Court concluded that the registration of the trademark, along with evidence of