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Hong Kong decisions
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The Court of First Instance invalidated OK Construction Materials’ trade mark for bad faith, finding the mark was filed to target competitors in the OK Angle Beads trade.
The court refused to strike out a copyright claim over bus seat design drawings, but held the pleadings were confusing and granted leave to amend.
The court revoked a registered design for a baby stroller, finding it lacked novelty over prior registered designs and granting strike out of the infringement action.
Summary judgment was granted for the 1st plaintiff in a Hong Kong IP dispute over children’s tricycles, after the defendants failed to show triable issues on licence, originality, or knowledge.
The court revoked 15 registered designs for lack of novelty and granted an injunction to prevent further applications for the same or similar designs.
The Court of Appeal dismissed Burberry Asia Limited’s appeal and upheld revocation of three registered check designs, awarding costs to the respondent.
A court revoked three registered designs after finding them not novel in light of prior publication of the Burberry Check pattern.
The Court of First Instance granted Star Industrial’s motion to revoke two registered designs, holding the designs lacked novelty because the products had been put on sale before filing.
The court granted summary judgment on a registered design claim, holding the defendant had notice of the design and failed to show an innocent infringer defence.
The court revoked two registered designs for a water meter and its internal measuring chamber, finding the first inadequately disclosed and both lacking novelty.
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