Comments /2861 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.
8 December 2016
John Dewey said that “every great advance in science has come from a new audacity of imagination” and these acts of imagination have to come from researchers. The numbers for Sri Lanka appear to be really worrying as the critica...
7 December 2016
Considering the low reliability of the Norochcholai coal-fired power plant, Sri Lanka could face energy and capacity shortages in 2018-2019 and under drought conditions even with planned plant additions ...
7 December 2016
Whilst fiscal adjustments are in disarray, the Central Bank which is supposed to conduct the country’s monetary policy independently is being increasingly subject to political influence, according to recent newspaper rep...
7 December 2016
A tea cultivation in Nuwara Eliya – Pic by Shehan Gunasekara It is time to move away from traditional subsidy based agricultural value chains and look for more efficient methods. Some organisations are a...
Mahinda warns of social unrest if China carries out its plan in Hambantota
Attack on non-conventional renewable energy: Burning the house to kill the lice!
Phantoms of Mahinda Rajapaksa and Sri Lanka’s reign of terror
SriLankan Airlines: Tumultuous landing and proper PPP take-off