189. False name or initials

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The provisions of this Part respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods—

(a)

of any such figures, words, marks or arrangement or combination thereof, whether including a registered Mark or not, as are likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are ;

(b)

of any false name or initials of a person and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description.

(2)

For the purposes of this Part the expression “false name or initials” means, as applied to any goods, any name or initials of a person which—

(i)

are not a Mark, or part of a Mark ; and

(ii)

are identical with, or are a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description, and not having been authorized the use of such name or initials ; and

(iii)

are either those of a fictitious person or of some person not, bona fide, carrying on business in connection with such goods.

(3)

A trade description which denotes or implies that in any goods to which it is applied which contains more metres or standard metres than contained therein, is a false trade description.

Read on from s 190