The SC has noted that Section 100(1)(a) of the Code of Intellectual Property Act No. 52 of 1979 states that “no mark which resembles, in a manner likely to mislead the public, a mark already (a) validly filed or (b) registered by a third party, shall be registered”. Furthermore, the SC has noted literal, phonetical, and visual similarities in the MTV trademark registered by the Maharaja Organisation with that owned previously by Viacom International. The case was heard before a bench comprising Justices Preethi Padman Surasena, E.A.G.R. Amarasekara, and Mahinda Samayawardhena who penned the judgement.

Source: The Nation July 06, 2021 17:15 UTC