Customs detains counterfeit ‘Apple Tea’

Tuesday, 18 January 2011 00:02 - - {{hitsCtrl.values.hits}}

In pursuant to the order of the High Court of Colombo in an intellectual property litigation, Customs detained two containers containing counterfeit Apple Tea until the final determination of the matter.

High Court Judge Mohamed Thahir fixed notice on the Defendants returnable on 28 January.

By S.S. Selvanayagam

Plaintiff Nazeem Al Barai General Trading Co of Dubai, United Arab Emirates instituted an action against Defendants Al Bakari Tea Trading of Dubai and Exporter Teas (Pvt) Ltd. of Sri Lanka for the alleged counterfeiting of the Plaintiff’s trademark Apple Tea.

Court issued an enjoining order preventing the Defendants from marketing, selling, exporting or removing from the territorial jurisdiction of Sri Lanka the tea in packaging or with the get-up which is allegedly confusing or deceptively similar to the Plaintiff’s packaging or the get-up. Court also issued similar enjoining orders against the Defendants.

Harsha Amarasekera with Kanchana Peiris instructed by Sudath Perera Associates appeared for the Plaintiff Company.

Plaintiff pleads that the design, colours and the get-up of the said package are original and distinctive and were designed by and on behalf of the Plaintiff for the purpose of the sale of its teas under the name and mark ‘Apple Tea’.

Plaintiff also pleads that the design and get-up of the said packaging was an original creation of the Plaintiff and that it is the owner and proprietor of the design, device and get-up of the said packaging.