Stassen Exports Ltd. v. Lipton Ltd. and Another – sllr 2009 volume 2 page 172

The case involves an appeal from the High Court of the Western Province, Colombo, regarding the refusal of the registration of a trade mark by the Assistant Director of Intellectual Property on behalf of the Director of Intellectual Property. Stassen Exports Ltd., the appellant, contested the decision based on prior judgments from the District Court and the Court of Appeal. The primary issues revolved around the applicability of the doctrine of res judicata and the binding nature of judicial precedent on the 2nd respondent.

Dr. Shirani A. Bandaranayake, J. stated that a final judicial decision by a competent court estops parties from disputing that decision in subsequent litigation. The doctrine of res judicata ensures that no person is vexed twice for the same cause. Judicial precedent