J.C. PENNEY CO INCORPORATED AND ANOTHER v. PENNEYS LTD AND ANOTHER

J.C. PENNEY CO INCORPORATED AND ANOTHER v. PENNEYS LTD AND ANOTHER

There was a serious question to be tried that the plaintiffs' local purchasing operations supported a protectable reputation which the defendants' use of the name 'Penneys' in Hong Kong threatened; damages would not adequately compensate loss of exclusive reputation; applying the balance of convenience and preserving the relevant status quo, an interlocutory injunction restraining the defendants' Hong Kong purchasing and related activities under the name was justified.

Citation
J.C. PENNEY CO INCORPORATED AND ANOTHER v. PENNEYS LTD AND ANOTHER
Parties
1st Plaintiff: J.C. Penney Company, Incorporated; 2nd Plaintiff: J.C. Penney Purchasing Corporation; 1st Defendant: Penneys Limited; 2nd Defendant: The Penneys Primark Quinnsworth Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 1975
Case Number
HCA2083/1975
Procedural Posture
Civil Passing Off (trade Name) / Interlocutory Application to Extend Ex Parte Interim Injunction Pending Trial
Outcome
Interim injunction extended until trial (or further order) in limited terms
Legal Topics
Passing Off, Interim Injunction, Balance of Convenience, Adequacy of Damages, Preservation of Status Quo, Admissibility of Affidavit Evidence
Source Language
EN
Tort Intellectual Property Civil Procedure Equity Passing Off Interim Injunction Balance of Convenience Adequacy of Damages +2 more

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Parties

J.C. Penney Company, Incorporated

1st Plaintiff

J.C. Penney Purchasing Corporation

2nd Plaintiff

Penneys Limited

1st Defendant

The Penneys Primark Quinnsworth Ltd.

2nd Defendant

Procedural Posture

Civil Passing Off (trade Name) / Interlocutory Application to Extend Ex Parte Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether plaintiffs who only purchase in the jurisdiction can succeed in an action for passing off against defendants purchasing or intending to purchase under the same name locally
  2. 2 Whether there is a serious question to be tried
  3. 3 Whether damages would be an adequate remedy for the plaintiffs' alleged loss of exclusive reputation

Ratio Decidendi

There was a serious question to be tried that the plaintiffs' local purchasing operations supported a protectable reputation which the defendants' use of the name 'Penneys' in Hong Kong threatened; damages would not adequately compensate loss of exclusive reputation; applying the balance of convenience and preserving the relevant status quo, an interlocutory injunction restraining the defendants' Hong Kong purchasing and related activities under the name was justified.

Court Disposition

Interim injunction extended until trial (or further order) in limited terms

Orders

  • Defendants restrained until the conclusion of the trial or further order from ordering, canvassing, purchasing, exporting, selling or offering for sale, whether by themselves or by their agents, from any office in Hong Kong under any name comprising or including the name 'Penneys' or any colourable resemblance...