Societe Des Produits Nestle, S.A. v. Multitech Lanka (Pvt) Limited – sllr 1999 volume 2 page 298

In the case between SOCIETE DES PRODUITS NESTLE S.A. and MULTITECH LANKA (PVT) LIMITED, the court addressed issues of trademark infringement and unfair competition under the Code of Intellectual Property Act, No. 52 of 1979. The court determined that the defendant’s packaging for “sweeties” was misleadingly similar to the plaintiff’s well-established “smarties” packaging, such that a typical consumer could be confused even without side-by-side comparison. It was established that the correct legal test required assessment from the standpoint of an ordinary purchaser’s general recollection of the packaging’s distinguishing features, not on minor differences or the absence of direct comparison. The order of the trial court refusing interim relief was set aside, and an interim injunction was g