GOTOP INFORMATION INC v. YUEN KWAI CHUN t/a B52 COMPUTER CO

GOTOP INFORMATION INC v. YUEN KWAI CHUN t/a B52 COMPUTER CO

The court granted an interim injunction because the plaintiff proved registration of the trade mark and provided affidavit evidence that the defendant sold infringing software while the defendant offered only unsupported assertions challenging credibility; balancing the risk of irreparable harm to the plaintiff against delay to trial favored preserving the plaintiff's rights until trial.

Citation
GOTOP INFORMATION INC v. YUEN KWAI CHUN t/a B52 COMPUTER CO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 July 2005
Case Number
DCCJ1901/2005
Procedural Posture
O.14 Application (interim Injunction) / Application in Chambers; Interim Injunction Granted Until Trial or Further Order
Outcome
Interim injunction granted until trial or further order; costs in the cause
Legal Topics
Interim Injunction, Delivery Up, Trademark Infringement, Credibility on Affidavit, Costs
Source Language
EN
Intellectual Property Trademark Law Civil Procedure Interim Injunction Delivery Up Trademark Infringement Credibility on Affidavit Costs

Case Brief

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Procedural Posture

O.14 Application (interim Injunction) / Application in Chambers; Interim Injunction Granted Until Trial or Further Order

Legal Issues

  1. 1 Whether the goods sold by the defendant infringe the plaintiff's registered trade mark
  2. 2 Whether an interim injunction should be granted pending trial
  3. 3 Whether the purchaser's affidavit is credible and can be decided on affidavit

Ratio Decidendi

The court granted an interim injunction because the plaintiff proved registration of the trade mark and provided affidavit evidence that the defendant sold infringing software while the defendant offered only unsupported assertions challenging credibility; balancing the risk of irreparable harm to the plaintiff against delay to trial favored preserving the plaintiff's rights until trial.

Court Disposition

Interim injunction granted until trial or further order; costs in the cause

Orders

  • Interim injunction restraining the defendant from infringing the plaintiff's registered trade mark GOTOP until the trial of the action or further order of the court
  • Interim order for delivery up of the identified infringing products to the plaintiff until trial or further order