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.
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.
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.
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.