Ceylon Tea Marketing Ltd. v. Prepacked Exports (Pvt) Ltd. and Others – sllr 1998 volume 2 page 146

In the case between Ceylon Tea Marketing Ltd. (Plaintiff) and Prepacked Exports (Pvt) Ltd. and Others (Defendant), the court considered whether an interim injunction should have been granted concerning the alleged misuse of the trademark “Get up” in light of the defendant’s use of its registered mark “Lucky Leaf.” The findings established that the High Court erred by refusing the interim injunction based on a mistaken identification of the marks in dispute, ignoring issues related to section 117 of the Code of Intellectual Property Act and the principles of passing off and unfair competition. It was held that the defendant’s rights extended only to the registered mark “Lucky Leaf,” and no prior claim to “Get up” was substantiated. The decision reaffirmed jurisdiction under the High Court o