LNP – Ministry of Crab wannabe taken to Court

The Commercial High Court of Colombo on 9 October 2024 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.Â

The Senior Counsel representing Crab Corp Ltd, the registered Sri Lankan entity of Ministry Of Crab, made submissions to 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.Â

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.Â

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.

The Senior Counsel appearing for the Plaintiff emphasised to 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.

The case was heard before Judge K.P. Fernando, and being satisfied with the submissions for the plaintiff, the Court granted two enjoining orders preventing the defendants or anyone acting on their behalf, firstly, from using logos or any marks that are confusingly similar to the plaintiff’s logo, and secondly from using any of the plaintiff’s business identifiers, including the same colour patterns, designs, or any wording suggesting a connection with the plaintiff.

Crab Corp Ltd. was represented by Senior Counsel Manoj Bandara, along with Thidas Herath, Thamali Wijekoon, and Anjalie Fonseka, Attorneys-at-Law instructed by Sudath Perera Associates.