Uswatte Confectionery Works Limited Vs Daintee Limited – SC APPEAL 163/2017-2020

In the case between Daintee Limited (Plaintiff-Respondent) and Uswatte Confectionery Works Limited (Defendant-Appellant), the court addressed whether the Defendant-Appellant’s imitation of the Plaintiff-Respondent’s product packaging constituted unfair competition under Section 142 of the Code of Intellectual Property Act No.52 of 1979 and whether damages awarded by the lower court were justified in the absence of documentary proof. It was held that the similarity in product wrappers amounted to unfair competition based on the likelihood of consumer confusion. The principle reaffirmed was that legal protection against unfair competition extends to product design where substantial similarity is proven, and damages may be estimated by the court in the absence of complete documentary evidence