The Colombo Commercial High Court has issued a restraining order, prohibiting Rusi Pestonjee, Managing Director of Abans PLC, and his agents from utilizing the name McDonald’s or any name resembling it in any manner. Additionally, Judge Sumith Perera has extended this order to prevent Rusi Pestonjee from vending McDonald’s food and menu items across various restaurant locations until April 4.
This legal action stems from a lawsuit filed by McDonald’s Corporation, a U.S.-based entity, under the Intellectual Property Act, No. 36 of 2003. McDonald’s Corporation claims exclusive ownership of names such as “McDonald’s”, “McDonald’s Hamburgers”, and “McDonald’s Family Restaurants”, citing its global iconic status and sole proprietorship of McDonald’s restaurants and the associated system.
The plaintiff asserts termination of the defendant’s right to use any name suggesting an affiliation with McDonald’s, citing a developmental agreement dated August 21, 1997, which it claims has become void due to the defendant’s actions. Furthermore, McDonald’s seeks a declaration affirming the defendant’s lack of rights to use the McDonald’s name or any similar name.
Representing McDonald’s Corporation, Dr Romesh De Silva PC, instructed by Sanath Wijewardane, appeared before the court.
