Financial Times

Cola case judgement on Nov 19.
Judgement in the controversial "My Cola" case where Coca Cola is suing for the use of similarly designed bottles will be delivered by the Commercial High Court of Colombo on November 19.

The My Cola company is already restrained by a enjoining order by the court on an application by Coca-Cola Beverages Sri Lanka (Pvt) Ltd and Coca-Cola Co of Atlanta, USA that Pet Packaging (Pvt) Ltd (the My Cola company) was using contoured bottles, designs and labels identical or similar to those used by Coca-Cola.

The local company in its objections filed in Court indicated among other things that 'Cola' is a generic term used widely in the beverages world which encompasses a number of 'cola' drinks consisting of flavouring extracts of the Kola Nut, Spice Oils and other aromatics caramel colouring, sugar and other sweeteners alone or combined with phosphoric acid or citric acid, carbon dioxide for effervescence and water. It urged court to dismiss the 'Coca-Cola' application.

When the case came up recently, Coca Cola complained that while the restraining order was on, 'My Cola' was sold in the same bottle and noted this amounted to contempt of court. Both parties filed written submissions on October 19.

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