Uswatte Confectionery Works Ltd vs Daintee Ltd – sllr 2020 volume 1 page 234

In the case between Daintee Ltd. (Plaintiff) and Uswatte Confectionery Works Ltd. (Defendant), the court addressed the issue of alleged unfair competition arising from the imitation of the plaintiff’s distinctive and colorful sweet wrapper design by the defendant, potentially leading to consumer confusion, particularly among children. It was held that the similarities in packaging could mislead consumers and amount to unfair competition under the applicable legal framework. The court reaffirmed the principle that in the context of trade dress protection, the evaluation of consumer perception—especially among segments likely to rely on visual cues—is critical. Reliance was placed on the relevant provisions of the Code of Intellectual Property Act (No. 52 of 1979 and No. 36 of 2003) and supp