|
|
|
 |
 |
 |
| Tuesday, 11 May 2004 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
by Sandasen Marasinghe The Colombo Commercial High Court Judge K. T. Chithrasiri issued an enjoining order preventing Pet Packaging (Pte) Ltd, Gonahena Road, Kadawatha from using bottles, identical to the Coca Cola bottles, to sell their beverages, until May 14. In this case, the plaintiffs, Coca Cola Company, One Coca Cola Plaza, Atlanta, GA 30313, USA and Coca Cola Beverages Sri Lanka Ltd, Tekkawatta, Biyagama cited Pet Packaging (Pte) Ltd as defendant. The Plaint filed through Julius and Creasy stated that the second plaintiff learnt that the get up of the carbonated beverage introduced to the Sri Lankan market by the defendant under the name 'My Cola' was identical to the contoured bottles used by the plaintiff to market 'Coca-Cola' products and informed it to the first plaintiff. The plaintiff further stated that the use by the defendant of bottles identical to the bottles used by the plaintiffs to market Coca-Cola 1.5 litre bottles and use of the labels similar to the marks, labels and advertising material used by the plaintiffs in connection with the brand 'Coca-Cola' are calculated to simulate the trade dress, get-up, and the colour combination of the plaintiffs' product 'Coca-Cola' in order to deceive the public into that the defendant's product is in fact the product 'Coca-Cola' of the plaintiff's or that the said product of the defendant is connected with the plaintiffs and/or the plaintiffs' Coca-Cola. The Commercial High Court Judge issued an Enjoining Order preventing the defendant from using contoured bottles identical to contoured bottles used by the plaintiffs to the market Coca-Cola and using labels advertising and promotional material similar to labels advertising and promotional materials used by the plaintiffs. And also pasting 'My Cola' stickers over the 'Coca-Cola' name on 'Coca-Cola' display racks. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
