PANDORA A/S AND ANOTHER v. GLAMULET INTERNATIONAL LTD AND OTHERS

PANDORA A/S AND ANOTHER v. GLAMULET INTERNATIONAL LTD AND OTHERS

On the interlocutory material there is a serious question to be tried in respect of both copyright and trade mark infringement by the Glamulet defendants; the balance of convenience favours continuation of the ex parte injunction until trial; the discharge application alleging lack of full and frank disclosure is...

Source-derived case information.

Citation
PANDORA A/S AND ANOTHER v. GLAMULET INTERNATIONAL LTD AND OTHERS
Parties
1st Plaintiff: PANDORA A/S; 2nd Plaintiff: PANDORA JEWELRY ASIAPACIFIC LIMITED; 1st Defendant: GLAMULET INTERNATIONAL LIMITED; 2nd Defendant: MARKSUN INTERNATIONAL LIMITED; 3rd Defendant: TOPNETS GROUP LIMITED; 4th Defendant: 上海加酷貿易有限公司; 5th Defendant: SHEN LIAN PING (沈蓮萍); 6th Defendant: WENG XIAO HUI (翁曉輝)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2016
Case Number
HCA2941/2015
Procedural Posture
Civil: Intellectual Property (copyright and Trade Mark) / Interlocutory (applications to Continue Ex Parte Injunction and Mareva Order; Discharge Summons Adjourned to Trial; Amendment Granted)
Outcome
Plaintiffs' application to continue the ex parte injunction was granted (with variations); discharge summons adjourned to trial; amendment summons granted earlier; costs directions given (costs in the cause for continuation summons; costs of discharge reserved).
Legal Topics
Copyright Infringement, Trade Mark Infringement, Interim Injunction, Mareva (freezing) Order, Full and Frank Disclosure for Ex Parte Relief, Jurisdictional Targeting of Websites, Joint Tortfeasor Liability, Google Ad Words/keyword Advertising
Source Language
en
Intellectual Property Copyright Trade Mark Civil Procedure Injunctions Freezing/mareva Orders Copyright Infringement Trade Mark Infringement +6 more

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Parties

PANDORA A/S

1st Plaintiff

PANDORA JEWELRY ASIAPACIFIC LIMITED

2nd Plaintiff

GLAMULET INTERNATIONAL LIMITED

1st Defendant

MARKSUN INTERNATIONAL LIMITED

2nd Defendant

TOPNETS GROUP LIMITED

3rd Defendant

上海加酷貿易有限公司

4th Defendant

SHEN LIAN PING (沈蓮萍)

5th Defendant

WENG XIAO HUI (翁曉輝)

6th Defendant

Procedural Posture

Civil: Intellectual Property (copyright and Trade Mark) / Interlocutory (applications to Continue Ex Parte Injunction and Mareva Order; Discharge Summons Adjourned to Trial; Amendment Granted)

Legal Issues

  1. 1 Whether there is a serious question to be tried on copyright infringement
  2. 2 Whether there is a serious question to be tried on trade mark infringement (use of marks and Google AdWords)
  3. 3 Whether the ex parte injunction and Mareva order should be discharged for lack of full and frank disclosure or delay

Ratio Decidendi

On the interlocutory material there is a serious question to be tried in respect of both copyright and trade mark infringement by the Glamulet defendants; the balance of convenience favours continuation of the ex parte injunction until trial; the discharge application alleging lack of full and frank disclosure is not appropriate to decide at interlocutory stage and is adjourned to trial; however the scope of the injunction is trimmed by deleting specified foreign websites from Appendix 2.

Court Disposition

Plaintiffs' application to continue the ex parte injunction was granted (with variations); discharge summons adjourned to trial; amendment summons granted earlier; costs directions given (costs in the cause for continuation summons; costs of discharge reserved).

Orders

  • Continuation of the injunction order (as continued by L Chan J and varied by Recorder Whitehead SC) until trial or further order
  • Delete from Appendix 2 of the injunction order item nos 4,5,10–22 and 24–42