Comments /2850 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.
1 October 2016
Economic diplomacy is the use of the full spectrum economic tools of the state to achieve its national interest. Economic diplomacy includes all the economic activities, including but not limited to export...
30 September 2016
Nationalists are mobilising in the North and the South against a constitution building process that will soon step out of the shadows In an ironic twist, last Saturday marked an epoch in the lifespan of two nationalist movements in ...
30 September 2016
Annually, the World Economic Forum ranks countries in the Global Competitiveness Index — a decent gauge of which nations are best positioned to squeeze efficiency out of their businesses and to attract companies and investment from ...
29 September 2016
By Asanka Abeysinghe Technology today is changing and shaping the scope of the financial industry at a rapid pace. Customers are frequently looking for more convenient ways to interact with their respective financial institutions and carry...
Proposed amendment to Criminal Procedure Code is a blatant encouragement to torture: AHRC
Friday Forum outlines key priority concerns for constitutional reform
Karu Jayasuriya turns 76: Always for his fellow citizens and the nation
Citizens’ Movement for Good Governance responds to Amrit Muttukumaru
‘Ayati’: Lifeline of opportunities and hope for children with disabilities
Better utilisation of Sri Lanka’s strategic location in spotlight at 2nd Annual Maritime Conference
SL Government is in forefront of establishing PPPs: US Ambassador
Sri Lanka Design Festival unveils theme for 2016: Transformation