Colombo HC dismisses Lex Sportel's interim application against DSPORT

Lex Sportel, led by RC Venkatiesh, had claimed ownership of the DSPORT mark in the territory of Sri Lanka

e4m by exchange4media Staff
Updated: Oct 1, 2020 11:40 AM
lex sportel

In its detailed and reasoned verdict, the 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 verdict went against plaintiffs (Lex Sportel, Lex Entertainment and RC Venkateish) who claimed right in respect of DSport channel and the mark consisting of word ‘DSport’ within the territory of Sri Lanka. 

According to the excerpts of the judgement, "the first 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." Since Lex Sportel is a licensee, it is not entitled to claim any rights to 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," said the judgement. 

It stated that the Lex Sportel Vision failed to establish a prima facie sustainable case against the defendants (DSPORT). The court dismissed the application for an interim injunction filed by the plaintiff, subject to costs. 

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