The Colombo Commercial High Court yesterday gave further time to Marians band leader Nalin Perera to file objections regarding a lawsuit filed against him.
This is for allegedly infringing the intellectual property rights of the late H.R. Jothipala, for commercial purposes.
Commercial High Court Judge M.Samayawardena fixed matter for May 4 and directed the respondent to file objections on the next hearing date.
Filing legal action, the late popular singer's wife Blossom Jothipala and his four daughters complained that their intellectual property rights were violated by the defendant Nalin Perera after organising a concert titled "King of 70's Unplugged". They alleged that the King of 70's Unplugged by Marians live in concert show was held at the Nelum Pokuna outdoor premises on January 22, 2017.
The plaintiffs stated that Perera, using two other artistes, performed on public stages singing the songs of Jothipala for commercial purposes infringing their (Jothipala's family) rights guaranteed under the Intellectual Property Act.
They demanded Rs.10 million as damages for violating their rights without legal permission.
The plaintiffs stated Jothipala sang in 450 films.They stated that H.R.Jothipala made his debut as a playback singer in the Surathalee film singing 'Siriyame Sara' in 1956.
Counsel Chinthaka Fernando with Tharindu Rajakaruna under the instructions of Nalin Samarakoon appeared for the plaintiff. Counsel Dinesh Widanapathirana appeared for the respondent party.
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