Swadeshi Industries gets injunction order against Vendol Venivel for “Kohmba” soap
Monday, 9 December 2013 00:00
The Swadeshi Industrial Works PLC, manufacturers of “Khomba” herbal beauty soap for over seven decades obtained an enjoining order against “Kohmba soap” manufactured by Vendol Venivel Co. Ltd., and Godakanda Herbals Ltd., from the Commercial High Courts, Colombo.
Order dated 8 November 2013, issuing an Interim Injunction by the Commercial High Court restraining Vendol Venivel Company Ltd., Godakanda Herbals Ltd. and Lelwala Godakandage Godakanda and their distributors from producing, selling, marketing and distributing “Kohmba” soap in cartons/wrappers which resemble The Swadeshi Industrial Works PLC “Khomba” soap.
Swadeshi is the proud owner and producer of Khomba herbal soap, the market leader for the above category for over seven decades and using the popularity gained by Khomba herbal soap, Vendol Venivel Co Ltd.; the accused has produced another soap brand with similar packaging to Khomba soap.
The Swadeshi Industrial Works PLC filed a case against Vendol Venivel Co. Ltd. and Godakanda Herbals Ltd. for launching a product using packaging similar to Khomba herbal soap of Swadeshi.
An enjoining order was issued against Vendol Venivel Co. Ltd. and Godakanda Herbals Ltd. on 1 August 2013 and an order dated 8 November 2013 issuing an interim injunction against Vendol Venivel Co. Ltd. and Godakanda Herbals Ltd. and their servants and agents from manufacturing, selling, marketing and distributing soap in carton using the get up/or device similar carton or wrapper or similar packaging.
The Colombo Commercial High Court’s enjoining order prevents the accused of producing, distributing and marketing Vendol Kohmba soap under similar packaging and thus misleading and deceiving the consumers and the public.
After considering the initial complaint by Swadeshi Industries, the Colombo Commercial High Court judge imposed an injunction order against the accused reasoning that the product from the accused is similar to the Khomba herbal soap manufactured by Swadeshi and to preclude using the packaging as well.
The pioneer and market leader in the herbal personal care category in Sri Lanka, The Swadeshi Industrial Works PLC, was incorporated in 1941. Among the pioneer brands of the 100% Sri Lankan owned company are Khomba Herbal, Khomba Baby, Rani Sandalwood, Safeplus, Apsara Venivel, Perlwite, Lak Bar, Lady perfume, Black Eagle (Perfume & After Shave), Swadeshi shower gel range and the newly launched kids range, “Little Princess”.
The company manufactures and markets the top herbal soap brand Khomba Herbal and the heritage beauty soap brand Rani Sandalwood.
Lawyers Prasanna Jayawardena, Kavinda Dias Abeysinghe and Anisha Yasarathne presented the plaintiff under the instructions of Mahinda Wickramaratne.