TSIT WING (HONG KONG) CO LTD AND ANOTHER v. TWG TEA COMPANY PTE LTD AND ANOTHER

TSIT WING (HONG KONG) CO LTD AND ANOTHER v. TWG TEA COMPANY PTE LTD AND ANOTHER

Leave to appeal was granted because, on a broad view of the merits and having regard to the defendants' evidence of use, goodwill and investment, the defendants demonstrated a prospect of success that was more than fanciful and a credible risk of serious and potentially irreversible prejudice from the interlocutory injunction; absent the full reasons of the lower judge the appellate court should be permitted to review the exercise of discretion.

Citation
TSIT WING (HONG KONG) CO LTD AND ANOTHER v. TWG TEA COMPANY PTE LTD AND ANOTHER
Parties
1st Plaintiff: Tsit Wing (Hong Kong) Company Limited; 2nd Plaintiff: Tsit Wing International Company Limited; 1st Defendant: TWG Tea Company Pte Ltd; 2nd Defendant: TWG Tea (HK) Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 February 2012
Case Number
HCA2210/2011
Procedural Posture
Civil Interlocutory Injunction and Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order (chambers)
Outcome
Leave to appeal granted to the Defendants
Legal Topics
Interlocutory Injunction, Leave to Appeal, Balance of Convenience, Serious Question to Be Tried, Own Name Defence
Source Language
EN
Trade Mark Law Unfair Competition / Passing Off Civil Procedure Injunctions Interlocutory Injunction Leave to Appeal Balance of Convenience Serious Question to Be Tried +1 more

Case Brief

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Parties

Tsit Wing (Hong Kong) Company Limited

1st Plaintiff

Tsit Wing International Company Limited

2nd Plaintiff

TWG Tea Company Pte Ltd

1st Defendant

TWG Tea (HK) Company Limited

2nd Defendant

Procedural Posture

Civil Interlocutory Injunction and Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order (chambers)

Legal Issues

  1. 1 Whether there is a serious question to be tried on claims of passing off and trade mark infringement
  2. 2 Whether the parties, particularly the Defendants, have established sufficient reputation and goodwill in Hong Kong
  3. 3 Whether the Plaintiffs used the TWG circular logo in marketing

Ratio Decidendi

Leave to appeal was granted because, on a broad view of the merits and having regard to the defendants' evidence of use, goodwill and investment, the defendants demonstrated a prospect of success that was more than fanciful and a credible risk of serious and potentially irreversible prejudice from the interlocutory injunction; absent the full reasons of the lower judge the appellate court should be permitted to review the exercise of discretion.

Court Disposition

Leave to appeal granted to the Defendants

Orders

  • Leave to appeal against the Order of Yam J dated 20 January 2012 granted
  • Expedited appeal hearing fixed on 16 February 2012 (date fixed by Tang VP)