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Tipi Tip restrains Tiny Tips

Colombo Commercial High Court Judge Rohini Walgama exercising civil jurisdiction, issued an interim injunction prayed for in a plaint filed by Uswatte Confectionery Works, Ratmalana till the final determination of the main matter.

Uswatte Confectionery Works cited Wijitha Group of Companies, Kandy Road, Mawanella as defendant.

In this case Uswatte Confectioneries has invoked the jurisdiction of the Court for an injunctive relief to restrain Wijitha Group, Mawanella or its agents from using the word Tiny Tips to its products, which is confusingly similar to the plaintiff trade mark Tipi Tip.

In support of the above application, the plaintiff avers inter alia: That the plaintiff company is engaged in the manufacture and marketing of quality snacks and confectionary products and is the market leader in the categories of candies, toffees, peppermints, instant drinks, wafers, snacks and jelly.

In addition to the above products, the plaintiff also has introduced a variety of savory flavoured extruded snacks under the name Tipi Tip which is available in various flavours including cheese, onion and prawn.

The plaintiff further states that presently the plaintiff holds over 90 per cent of the snack market in Sri Lanka along with new additions like Chirpy Chip, Potato Chips and Anam Manang.

Further the plaintiff position is that the trade mark and/or trade name Tipi Tip is distinctive and the plaintiff has consistently and continuously used the said trade mark for the above snacks.

The plaintiff further alleges that in May 2006, the plaintiff became aware that the defendant has introduced into the market a brand of snacks under the name Tiny Tips in a green colour wrapper with a get-up that is confusingly similar to the wrapper used by the plaintiff to market Tipi Tip.

Dr. Harsha Cabral PC with Shireen Kanan-Isvaran instructed by Julius and Creasy appeared for the plaintiff.

Basher Ahmed with Samanath Fernando instructed by Murugesu and Neelakandan appeared for the defendant.

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