Jerk restaurant ‘Jungle Fiah’ barred from using name, ordered to pay over profits

Popular jerk restaurant 'Jungle Fiah' in St Catherine can no longer use that name to advertise its business as a Supreme Court order has barred its operator or agents from using any names that are visually or aurally similar to 'Jungle Fyah' in its restaurant business.

A permanent injunction was granted by Supreme Court Judge Lisa Palmer Hamilton last month restraining businessman Franklyn Mason, whose business trades as 'Jungle Fiah', from using the name.

The suit against Mason was brought by Paradise Consortium Limited, which trades as 'Jungle Fyah'.

However, attorney-at-law Keith Bishop, who is represented Paradise, said today that agents of the claimant have been making daily checks to see if the injunction, which was granted on November 2, has been obeyed.

Non-compliance

Bishop said up to yesterday the agents revealed that signs had not been removed from the defendant's business place.

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“I am disappointed with the casual approach by the defendant in not taking steps to immediately obey the order of the court," Bishop said today.

During the hearing, Bishop and fellow attorney Roxanne Bailey, who is also represented the claimant, had asked the court to find that the alleged acts of the defendant “have misled” members of the public to believe that  'Jungle Fiah' is one and the same as 'Jungle Fyah'.

On February 16, 2015, the claimant's business name was registered and was renewed in February 2018.

It stated that its agents worked assiduously to develop a reputation for the 'Jungle Fyah” brand in the restaurant business in general and jerked food in particular.

The claimant referred to hosting regular weekend food events to advertise and promote its brand in Portmore, and in the wider St Catherine, as well as advertising in various other ways to make its brand a household name.

The defendant, who was represented by attorney-at-law Leroy Equiano, said he did not trade as 'Jungle Fiah' but as 'The Jungle Fiah Buffet Restaurant'.

The claimant, he said, could not have suffered any loss by virtue of the use of the defendant's trade name and said his business name was not similar to that of the claimant.

The defendant stated that when the claimant's business commenced in 2009, it was in operation for no more than nine months and had to close as it was not profitable due to low customer patronage.

Profit Payments

Justice Palmer Hamilton, after hearing evidence and submissions, granted a permanent injunction against Mason, his servants, or agents from using the words  'Jungle Fiah' or business names which are visually and aurally similar to 'Jungle Fyah' in connection with the restaurant business.

An order was also made for the defendant, upon oath to deliver and/or destroy, all pamphlets and advertisement material with the use of the words 'Jungle Fiah' or business names which are visually and aurally similar to 'Jungle Fyah',  printed or written, labels, other articles in the possession, custody or control of the defendant, the use of which would be a breach of the forgoing injunction.

The defendant has been ordered to pay profits he earned from using the claimant's business name.

Justice Palmer Hamilton ordered that damages are to be inquired into or an account of profits to be conducted by the Registrar of the Supreme Court together with interest at a rate of six percent per annum on the sum found to be due to the claimant from September 25, 2018, to November 2, 2023.

The claimant was seeking recovery of possession of Lot 4 at Congrieve Park Pen in Port Henderson, Portmore, St Catherine, where the defendant's business is located.

The judge refused the order on the basis that the claimant did not produce a title to prove ownership.

The claimant had stated that it rented that property the defendant.

- Barbara Gayle