Ceylon Insurance Co., Ltd. V. United Ceylon Insurance Co., Ltd.,

1947 Present; Howard C.J. and Jayetileke J.

CEYLON INSURANCE CO., LTD., Appellant, and
UNITED CEYLON INSURANCE CO. LTD., Respondent.

S. C 221-D. C, Colombo, 128,

Companies Ordinance, No. 51 of 1938 -Registration of Names-Ceylon Insurance Company-United Ceylon Insurance Company-Calculated to deceive-Injunction-Section 18 (1) (a).

Plaintiff, the Ceylon Insurance Company, brought an action .to restrain the defendant from using the name " United Ceylon Insurance Company " on the ground that it so nearly resembled the name of the plaintiff as to be calculated to deceive.

Held, that the plaintiff had no exclusive right to the use of the word " Insurance" which was merely descriptive of the business carried on by tooth parties and that the addition of the word " United '* sufficiently distinguished the defendant.

APPEAL from a judgment of the District Judge, Colombo.

H, V. Perera, K.C. (with him E. B. Wikramanayake) for the plaintiff, appellant.-The plaintiff company carries on business in motor, fire, fidelity and life insurance and was registered as the Ceylon Insurance Company on April 3, 1939

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