The Colombo Commercial High Court issued two enjoining orders against a restaurant identifying itself as ‘The King Crab,’ following claims of unfair competition by the renowned Sri Lankan restaurant chain Ministry of Crab who was owned by former Sri Lankan Cricket legend duo Mahela Jayawardena and Kumar Sangakkara.
The enjoining orders were issued by Colombo Commercial High Court Judge K.P Fernando after considering a case filed by Crab Corp Pvt ltd against Gourmet Holdings, The King Crab and its Chef Edward Benedict.
Following issuing the orders notices were issued and defendants were ordered to produce their facts before the Court today (23). Senior Counsel Manoj Bandara appearing for the plaintiff Crab Corp Ltd, the registered Sri Lankan entity of Ministry of Crab made submission before the Court that ‘The King Crab’ restaurant was utilising the distinctive yellow and black colour combinations, and most significantly a yellow crab logo against a black background and other business identifiers popularly associated with Ministry of Crab, including specific designs and catchphrases, in their restaurant, menus, social media and other promotions, leading to confusion among customers.
The Counsel brought to the attention of the Court that the said restaurant was also situated at close proximity to the plaintiff’s flagship restaurant at Old Dutch Hospital complex at Colombo Fort, thereby heightening the confusion.
Ministry of Crab, established as a premier dining destination known for its unique Crab centric theme and seafood offerings, has built significant brand equity through its signature logo and vibrant colour palette for over a decade and is one of the only two Sri Lankan restaurants to be listed among the Asia’s 50 Best Restaurants for 8 consecutive years since 2015, putting Sri Lanka in the spotlight on the culinary world map. Ministry of Crab is owned by celebrity Chef Dharshan Munidasa and Sri Lankan cricket legends Mahela Jayawardane and Kumar Sangakkara. A number of other restaurants in the Ministry of Crabs restaurants chain are also operating in the major cities around the world, including Singapore, Shanghai, Chengdu, Manila, Mumbai, and Bangkok.
The Senior Counsel appearing for the plaintiff told Court that the value of the branding of Ministry of Crab extends beyond mere aesthetics, it embodies the restaurant’s reputation for quality and innovation in the culinary scene, and that the actions of the defendants appeared to be an attempt to capitalise on the goodwill and customer base of Ministry of Crab. The plaintiff presented evidence demonstrating that the conduct of the defendants violates principles of unfair competition as outlined in Section 160 of the Intellectual Property Act No. 36 of 2003. On the instructions of the Sudath Perera Associates, a Panel of attorneys including Manoj Bandara with Thidas Herath, Thamali Wijekoon, Anjallie Fonseka appeared for the plaintiff.
(Daily News)
(This story, originally published by Daily News has not been edited by SLM staff)
