Comments /2849 Views / Wednesday, 12 September 2012 01:03
By S.S. Selvanayagam
The legal battle between Ceylon Biscuits Ltd, the manufacturer of the ‘Munchee’ brand of biscuits, and biscuit titan Maliban Biscuit Manufactories Ltd. has been amicably settled.
The settlement was arrived at as the Defendant Maliban Biscuit Manufactories agreed to change its trade dress, which the Plaintiff Ceylon Biscuits Ltd. alleged had been its trade dress for ‘Munchee Hawaian Cookies’ and ‘Munchee Lite Marie’ products.
The Plaintiff filed legal action under the Intellectual Property Act against the Defendant, alleging infringement of its trade dress. It claimed that consumers easily identify its original eye-catching packaging, good quality and product innovation developed over the years of business.
The Defendant Maliban biscuits, the oldest biscuit manufacturer, recently introduced its own coconut biscuit under the name ‘Maliban Hawaiian Cookies’ and ‘Maliban Light Marie’.
The Plaintiff claimed that the abovementioned both biscuits not only have similar names as its well-established Munchee counterpart, but also utilise confusingly similar colour schemes and packaging, thus making it very difficult to distinguish between the two brands.
Aggrieved with the alleged encroachment into its business interests, the Plaintiff Ceylon Biscuits Ltd. filed action against the Defendant for the alleged trademark infringement and unfair competition under the Intellectual Property Act.
While the order of the High Court Judge P.W.D.C. Jayathilake was due, the Defendant agreed to change its packaging designs and entered into an agreement settlement.
Under the settlement, the Defendant undertook not to manufacture, pack, advertise, distribute, sell and/or release into circulation its brand of ‘Hawaiian Cookies’ and ‘Light Marie’ biscuits in the alleged packaging.
Manoj Bandara instructed by Sudath Perera Associates appeared for the Plaintiff. Dr. Asanga Gunawansa with Dilshan Jayasuriya and Hiran Jayasuriya instructed by Dissanayake Amaratunga Associates appeared for the Defendant.
25 July 2016
Being the hotbed of trouble in the correct direction is a must Sri Lanka’s state-owned universities have always been hotbeds of trouble. Troubles are good for universities if they are in the right direction. U...
25 July 2016
Freight, new price ruling The Freight Transport Association (FTA) says the European Commission’s adoption of new pricing rules for shipping lines will modernise the industry and bring it into the 21st century. As reported in Lloyd&rsq...
23 July 2016
A classic example of our cultural predictability is explicit in the saga behind the naming of Sri Lanka’s only international airport It will not be wrong to say that we are a country in a permanent state of crisis, but...
22 July 2016
NOT BY MIGHT, NOR BY POWER – The spirit of a nascent Sri Lankan nationalism (inclusive, tolerant, Other-embracing) might be compromised if Government and civil society together don’t challenge competing nationalisms Ca...
The National Audit Bill: Should they hold it up?
Heavy rainfall and heat swamp Sri Lanka’s anti-dengue drive
PM Wickremesinghe’s leadership towards economic development
Necessity for members of COPE to be made conversant with legal provisions applicable to matters pertaining to CB’s Public Debt Department
Maritime Silk Road and China-Sri Lanka Relations shot in the arm for Chinese foreign investment
Sri Lanka can count on China for development cooperation
Software robotics: Are we in the midst of a revolution?
International investor perspective on local currency solutions