Distilleries Company of Sri Lanka vs Randenigala Distilleries Lanka (Private) Limited – SC CHC APPEAL NO. 38/2010-2014

In the case between Distilleries Company of Sri Lanka (Plaintiff-Respondent) and Randenigala Distilleries Lanka (Private) Limited (Defendant-Appellant), the court addressed whether the Defendant-Appellant’s use of similar labels and bottles amounted to passing off or unfair competition by misleading consumers. It was held that the evidence presented did not establish sufficient misrepresentation, consumer confusion, or appropriation of goodwill to substantiate claims under passing off or Section 142 of the Code of Intellectual Property Act No. 52 of 1979. The court reaffirmed the principle that the standard for a passing off claim requires clear evidence of misrepresentation likely to deceive consumers and result in damage to goodwill. This decision relied on relevant statutes and preceden