Daintee Limited v. Uswatte Confectionery Works Ltd – CA APPEAL NO. 545/97F-2016

In the case between Daintee Limited and Uswatte Confectionery Works Ltd, the court addressed the issue of whether the Defendant engaged in unfair competition by marketing sweets in wrappers that allegedly resembled those of the Plaintiff, thereby causing confusion and infringing upon intellectual property rights as outlined in Sec. 142(1) and (2)(a) of the Intellectual Property Act. It was determined that the Plaintiff’s wrappers and those of the Defendant were substantially similar and that such similarity was likely to lead to public confusion, particularly among children. The District Judge’s decision in favor of the Plaintiff was upheld on appeal, confirming the findings on similarity, damages, and the awarding of costs. The principle reaffirmed was that, where substantial similarity a