Tipi Tip restrains Tiny Tips
Sarath Malalasekera
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. |
