EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD

EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD

The court found as a fact that Eiseki lacked proper authority in September 2003 because Taiwanese court findings established invalidity of the competing board decisions; accordingly the actions commenced by Eiseki were without proper authority and must be discontinued/struck out, while the Rosa proceedings are stayed pending final resolution of parallel Taiwan litigation (Civil Suit No.989/2004).

Citation
EISEKI INTERNATIONAL CO., LTD v. TAO-TI INTERNATIONAL CO., LTD
Parties
Plaintiff (hcmp3825/2003); Applicant Objecting to Opposing Camp: Eiseki International Co. Ltd; Plaintiff (hca3656/2003): Rosa Foods Co. Ltd; Defendant (hca3656/2003): Tao Ti International Co. Ltd; Defendant (hca3656/2003): Telford International Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 2006
Case Number
HCMP3825/2003
Procedural Posture
Application for Declaration of Invalidity of Trade Mark Registrations; Related Passing Off and Infringement Proceedings / Judgment on Strike Out/discontinuance and Stay Applications Concerning Solicitor Authority and Company Board Authority
Outcome
Eiseki's Hong Kong proceedings dismissed/ordered discontinued for want of proper authority; Rosa's Hong Kong proceedings stayed pending final resolution of specified Taiwan proceedings; costs reserved.
Legal Topics
Invalidity of Trade Mark Registration, Authority of Solicitors to Commence Proceedings, Validity of Board Resolutions, Stay Pending Foreign Proceedings (lis Pendens), Discontinuance/strike Out, Passing Off
Source Language
EN
Intellectual Property Trade Mark Law Company Law Civil Procedure Invalidity of Trade Mark Registration Authority of Solicitors to Commence Proceedings Validity of Board Resolutions Stay Pending Foreign Proceedings (lis Pendens) +2 more

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Parties

Eiseki International Co. Ltd

Plaintiff (hcmp3825/2003); Applicant Objecting to Opposing Camp

Rosa Foods Co. Ltd

Plaintiff (hca3656/2003)

Tao Ti International Co. Ltd

Defendant (hca3656/2003)

Telford International Co. Ltd

Defendant (hca3656/2003)

Procedural Posture

Application for Declaration of Invalidity of Trade Mark Registrations; Related Passing Off and Infringement Proceedings / Judgment on Strike Out/discontinuance and Stay Applications Concerning Solicitor Authority and Company Board Authority

Legal Issues

  1. 1 Whether the solicitors had authority to commence the Hong Kong proceedings on behalf of Eiseki and Rosa
  2. 2 Whether the relevant Eiseki board decisions (9 May 2002 and 7 April 2003) were valid and authorised commencement of proceedings
  3. 3 Whether the proceedings commenced by Eiseki should be struck out/discontinued for want of proper authority

Ratio Decidendi

The court found as a fact that Eiseki lacked proper authority in September 2003 because Taiwanese court findings established invalidity of the competing board decisions; accordingly the actions commenced by Eiseki were without proper authority and must be discontinued/struck out, while the Rosa proceedings are stayed pending final resolution of parallel Taiwan litigation (Civil Suit No.989/2004).

Court Disposition

Eiseki's Hong Kong proceedings dismissed/ordered discontinued for want of proper authority; Rosa's Hong Kong proceedings stayed pending final resolution of specified Taiwan proceedings; costs reserved.

Orders

  • Declare that the proceedings commenced by Eiseki were without proper authority and order those proceedings be discontinued/struck out.
  • Stay the proceedings in the name of Rosa Foods Co. Ltd pending final resolution of Civil Suit No.989 of 2004 in Taiwan.