RECKITT & COLMAN (OVERSEAS) LTD AND ANOTHER v. 楊新友 AND ANOTHER

RECKITT & COLMAN (OVERSEAS) LTD AND ANOTHER v. 楊新友 AND ANOTHER

Plaintiffs proved long standing reputation and goodwill in the marks; the defendants registered and sought to use confusingly similar marks with the intention to deceive and to extract payment, thereby making a plain and obvious case of passing off and an instrument of deception; the defendants acted pursuant to a common design or procured each other's acts and therefore are jointly liable; no triable issue existed and summary judgment was appropriate; indemnity costs were warranted and assessed at HK$540,000.

Citation
RECKITT & COLMAN (OVERSEAS) LTD AND ANOTHER v. 楊新友 AND ANOTHER
Parties
1st Plaintiff: RECKITT & COLMAN (OVERSEAS) LTD; 2nd Plaintiff: RECKITT BENCKISER HONG KONG LTD; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2009
Case Number
HCA2073/2008
Procedural Posture
Civil Passing Off / Trademark / Decision on Summary Judgment
Outcome
Summary judgment entered for plaintiffs against the 1st and 2nd defendants on the claim of passing off
Legal Topics
Passing Off, Injunction (quia Timet), Summary Judgment, Conspiracy and Joint Tortfeasorship, Indemnity Costs
Source Language
EN
Intellectual Property Trademark Law Civil Procedure Passing Off Injunction (quia Timet) Summary Judgment Conspiracy and Joint Tortfeasorship Indemnity Costs

Case Brief

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Parties

RECKITT & COLMAN (OVERSEAS) LTD

1st Plaintiff

RECKITT BENCKISER HONG KONG LTD

2nd Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Passing Off / Trademark / Decision on Summary Judgment

Legal Issues

  1. 1 Whether the plaintiffs enjoy reputation and goodwill in the marks alleged
  2. 2 Whether the defendants' registration and use of the impugned marks amounted to a misrepresentation leading to passing off
  3. 3 Whether a quia timet injunction is warranted based on intention to use the marks

Ratio Decidendi

Plaintiffs proved long standing reputation and goodwill in the marks; the defendants registered and sought to use confusingly similar marks with the intention to deceive and to extract payment, thereby making a plain and obvious case of passing off and an instrument of deception; the defendants acted pursuant to a common design or procured each other's acts and therefore are jointly liable; no triable issue existed and summary judgment was appropriate; indemnity costs were warranted and assessed at HK$540,000.

Court Disposition

Summary judgment entered for plaintiffs against the 1st and 2nd defendants on the claim of passing off

Orders

  • Summary judgment entered for the plaintiffs against the 1st and 2nd defendants on the claim of passing off
  • Costs awarded to the plaintiffs on an indemnity basis assessed at HK$540000