Court refuses to issue interim injunction against 'Ape The'

by Staff Writer 26-06-2020 | 10:07 PM

COLOMBO (News1st): The Colombo Commercial High Court on Friday (26) refused to grant an interim injunction against Harrisons Colombo Limited & International Cosmetics (Private) Limited with respect to a case filed over the packaging/labeling and get-ups of " Ape' The' ".

Action filed against Harrisons Colombo Limited & International Cosmetics (Private) Limited by Watawala Tea Ceylon Limited was taken up this morning in the presence of Colombo Commercial High Court Judge Sampath Wijeratne.

The action claimed the defendants “Ape The” product packaging/labeling and the get-ups are identical and/or similar to the packaging/labeling of Watawala Tea products.

Colombo Commercial High Court Judge Sampath Wijeratne while refusing to grant an Interim Injunction set aside the enjoining order against the defendant companies as well.

On the instructions of Julius & Creasy, counsel appearing for the defendant companies, Harrisons Colombo Limited & International Cosmetics (Private) Limited states that today’s consumers are not in the habit of making assumptions on the origin of goods based on color or the packaging because colour is not used as an identification of a trademark.

Counsel further stated that colors are not capable of distinguishing one trader's goods from those of another.

Colombo Commercial High Court decision to refuse an Interim Injunction is a turning point in Sri Lanka's judicial processes with respect to brands and colours.

" Ape' The' " products will now be available to all consumers at all outlets in the country.