Sinbad gets enjoining order against Uniworld Teas over trademark case

Tuesday, 31 July 2018 00:00 - - {{hitsCtrl.values.hits}}

The Commercial High Court issued an interim injunction enjoining order prohibiting Uniworld Teas Ltd. from exporting tea packets to the German market with the ‘Baktat’ trademark and infringing Sinbad Ltd., the plaintiff’s rights in respect of the ‘Baktat’/’Alice’ trademark.

The matter came up before the Commercial High Court Judge Rathnapriya Gurusinghe, who inquired into the matter in detail and also having assessed plaintiff’s information contained in the plaint, issued an order analysing the fundamental of Intellectual Property Law on infringement.

Sinbad Ltd. in its plaint had cited the Director General of Sri Lanka Customs as the second defendant for the purpose of taking notice to the reason that the products carrying the ‘Baktat’ trademark infringing the plaintiff’s rights have been exported from Sri Lanka.

The company also exports its tea to several countries under ‘Baktat’, ‘Suntat’, ‘Alice’, ‘Marke No.1’ and ‘Sinbad’ trademarks with Lion Logo certification by the Sri Lanka Tea Board.

The plaintiff had also stated that the ‘Baktat’ trademark is an inherently distinct name and Uniworld Teas Ltd. had no reason whatsoever to use such name other than to piggyback on the goodwill of the ‘Baktat’ trademark and was specifically targeted to mislead and confuse the general public and damage the untarnished goodwill in respect of the plaintiff’s superior quality tea.

Sinbad Ltd. in its plaint had submitted to the Court that its business was highly specialised in nature as an exporter of high quality pure Ceylon Tea which exports to markets in the US, European Union and Far East over a period of time and has managed to create a distinct niche market in respect of the packeted teas and tea bags.

The plaintiff, Sinbad Ltd. was represented by Dr. Harsha Cabral PC, who appeared with Counsels Nishan Premathiratne, Janith Fernando, M. C. M. Muneer, instructed by Sanjay Fonseka Attorney-at-Law.

The case will be called again on 8 August.