The Commercial High Court of Colombo has issued an enjoining order against Uswatte Confectionery Works Ltd., prohibiting them from manufacturing, distributing, and selling products with packaging similar to the iconic ‘Maliban Cream Cracker’ in its distinctive red pack. The ruling, delivered on 30 September 2024, came after submissions from Maliban Biscuit Manufactories Ltd., asserting their intellectual property rights.
The court order was granted after Judge K.P. Fernando heard arguments from Maliban’s legal team, who emphasized the significance of the brand’s recognizable red packaging, which has become a household staple throughout Sri Lanka. Maliban’s legal representatives argued that Uswatte’s packaging closely mimicked that of Maliban Cream Crackers, misleading consumers and constituting unfair competition under Sri Lanka’s Intellectual Property Act.
Maliban, a well-established brand founded in 1954, has grown to become a trusted name across 42 countries. The company’s submission highlighted the importance of protecting its intellectual property and the goodwill associated with its signature cream cracker packaging. Maliban argued that Uswatte’s attempt to market a similar product with nearly identical packaging was a deliberate effort to deceive consumers and exploit Maliban’s long-standing reputation.
The court issued an enjoining order against Uswatte Confectionery Works Ltd., with a directive to appear in court on 14 October 2024. The ruling reaffirms Maliban’s commitment to safeguarding its intellectual property rights both locally and internationally.