Stassen Exports Limited vs Brooke Bond Group Ltd. – sllr 2010 volume 2 page 036

In the case between Stassen Exports Limited (Plaintiff-Appellant) and Brooke Bond Group Ltd., Brooke Bond (Ceylon) Pvt. Ltd., and others (Defendant-Respondents), the Supreme Court addressed the issue of whether the trade mark “Red Label” possessed sufficient distinctiveness to preclude the use of the similar mark “Red Medal” by the appellant, alongside questions concerning the admissibility of affidavits and supporting documents in trade mark proceedings. It was held that the Commercial High Court erred in dismissing the appellant’s action based on procedural and evidentiary objections regarding the affidavit and associated documents, and that all relevant statutory requirements for admitting such evidence had not been properly applied. The Court reaffirmed the principle that procedural ob