Ministry of Crab, a seafood restaurant, filed action in the Commercial High Court of the Western Province against a restaurant opened under the name Black Crab, over infringement of its trademark and unfair competition, stated a press release.
Ministry of Crab which was established by chef and restaurateur Darshan Munidasa, partnering with Sri Lankan cricketers Mahela Jayawardane and Kumar Sangakkara, alleges that Black Crab copied its well-known crab logo. Since its inception, Ministry of Crab has traded under a distinctive orange crab logo against a black background, a device seen prominently inside its restaurant, added the release.
The Defendants were two individuals who opened a restaurant under the name Black Crab using an identical logo and colour scheme to the Plaintiff's Ministry of Crab.
The similarities were so striking that it was thought by the public that the Defendants' company was, in some way, affiliated to the Plaintiff's. Ministry of Crab tried resolving the matter with a cease and desist letter sent to the Defendants, bringing to their attention the similarity of the two logos and urging them to remove the logo from their business. Despite this, the Defendants continued to trade under the same logo.
The Counsel of the Plaintiff, Manoj Bandara with Hasitha Gamage and Shanika Gunawardena who were instructed by Sudath Perera Associates, stated that the Defendants were using the goodwill associated with the Plaintiff's logo to their advantage, and that their actions were clear and calculated with the intention to mislead the public and pass off their food items under a logo known to belong to the Plaintiff.
It was further noted that Black Crab could not have been ignorant of Ministry of Crab's logo, given the reputation of the trademark, and it was highly unlikely that it was mere coincidence, due to the identical colour and depiction of the crab.
Being a clear-cut infringement on the Plaintiff's logo, the High Court issued a ruling in favour of the Plaintiff, which was extended to 22 November 2017.
Ministry of Crab stated that their logo was a symbol of the quality and service promised by their brand, and that preventing such infringement was vital to retaining the brand's reputation, concluded the release.