BEECHAM GROUP LTD AND ANOTHER v. INTERCONTINENTAL BEVERAGE CORPORATION LTD AND ANOTHER

BEECHAM GROUP LTD AND ANOTHER v. INTERCONTINENTAL BEVERAGE CORPORATION LTD AND ANOTHER

Because a serious issue to be tried existed and the plaintiffs demonstrated a real risk of irreparable harm to goodwill and reputation that could not be adequately compensated in damages, while the defendants could mitigate commercial harm by deleting the Chinese name and selling as "Shasta", the balance of convenience favoured granting an interim injunction preserving the status quo of March/April 1979, subject to the plaintiffs' usual undertaking as to damages; para.2 of the summons was modified to avoid a mandatory order and defendants were ordered to deliver up or cease use of specified infringing materials.

Citation
BEECHAM GROUP LTD AND ANOTHER v. INTERCONTINENTAL BEVERAGE CORPORATION LTD AND ANOTHER
Parties
1st Plaintiff: Beecham Group Limited; 2nd Plaintiff: John D. Hutchison Trading Ltd.; 1st Defendant: Intercontinental Beverage Corporation Limited; 2nd Defendant: Shasta Beverage Corporation Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 1979
Case Number
HCA2441/1979
Procedural Posture
Trade Mark Infringement and Passing Off (interim Injunction) / Interim Injunction Application (chambers)
Outcome
Interim injunction granted pending trial or further order, subject to plaintiffs' usual undertaking; para.2 of the summons modified to a prohibitory injunction and an order as to delivery up/cessation of infringing materials
Legal Topics
Interim Injunctions, Balance of Convenience, Goodwill, Status Quo Preservation, Quantification of Damages
Source Language
EN
Trade Mark Law Passing Off Injunctions Intellectual Property Interim Injunctions Balance of Convenience Goodwill Status Quo Preservation +1 more

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Parties

Beecham Group Limited

1st Plaintiff

John D. Hutchison Trading Ltd.

2nd Plaintiff

Intercontinental Beverage Corporation Limited

1st Defendant

Shasta Beverage Corporation Limited

2nd Defendant

Procedural Posture

Trade Mark Infringement and Passing Off (interim Injunction) / Interim Injunction Application (chambers)

Legal Issues

  1. 1 Whether defendants infringed Hong Kong registered trade mark No.1434 of 1978 in Class 32
  2. 2 Whether defendants committed passing off by using a Chinese name likely to mislead
  3. 3 Whether an interim injunction should be granted pending trial

Ratio Decidendi

Because a serious issue to be tried existed and the plaintiffs demonstrated a real risk of irreparable harm to goodwill and reputation that could not be adequately compensated in damages, while the defendants could mitigate commercial harm by deleting the Chinese name and selling as "Shasta", the balance of convenience favoured granting an interim injunction preserving the status quo of March/April 1979, subject to the plaintiffs' usual undertaking as to damages; para.2 of the summons was modified to avoid a mandatory order and defendants were ordered to deliver up or cease use of specified infringing materials.

Court Disposition

Interim injunction granted pending trial or further order, subject to plaintiffs' usual undertaking; para.2 of the summons modified to a prohibitory injunction and an order as to delivery up/cessation of infringing materials

Orders

  • Interim injunction restraining the defendants, their directors, officers, servants and agents from infringing Hong Kong registered trade mark No.1434 of 1978 in Class 32 and from committing acts of passing off pending trial or further order
  • Plaintiffs to give the usual undertaking as to damages