Financial Times

Stassens stalled over trademarks dispute in decades-long case
Western Province High Court Judge A W A Salam has affirmed the order made by the Assistant Director of Intellectual Property that Stassen Exports Ltd cannot use the trade mark “Stassen Pure Ceylon Tea”.

When Stassen applied for the registration of this trade mark with the Registrar of Patent & Trade Marks in 1985, Lipton Ltd of London (1st defendant) objected on the grounds that the Stassen’s logo on a tea pack had similarities to the Lipton logo.Judge Salam making the order said, “I find it difficult to justify the claim made on behalf of “Stassen” that the order “A10” should be set aside and the 2nd defendant (Assistant Director, Intellectual Property) be ordered to register the propounded mark”.

He said, “For the foregoing reasons, in my judgment “Stassen” has not proved that the Assistant Director has misdirected herself or been misled in arriving at the findings as evident in her order marked as “A10” (Order of the Assistant Director). The judge said “The Asst. Director, in my assessment has properly dealt with the likelihood of confusion and deception.

She was strictly not bound to follow the decision (A5) of Court of Appeal by reason of the judgements of the Supreme Court, she has opted to follow and cited in the order. Besides this in terms of section 160 read with 208(1) and 208(4)(c) of the Intellectual Property Act No.36 of 2003, the order of the Asst Director is consistent with the legal provisions and the other authorities.”

Ben Eliatambi PC with Daya Pelpola instructed by Prasanna Gunawardena & Co appeared for the Plaintiff - Stassen Exporters Ltd while K Kanag-Iswaran PC with Dinal Phillips and Ranil Premathilaka appeared for the 1st Defendant -- Lipton Ltd.

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