Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Balance of convenience/american cynamid
  • 19 Jul 1989

    TEN-ICHI CO. LTD v. JANCAR LTD. AND OTHERS

    Citation
    TEN-ICHI CO. LTD v. JANCAR LTD. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2193/1989

    The court found the plaintiffs had established a prima facie international goodwill manifested in Hong Kong (via tourists/residents and a genuine intention to open), the defendants deliberately appropriated the plaintiffs' name and trade indicia creating a real risk of confusion and damage, and on the American Cynamid balance of convenience the plaintiffs' case was sufficiently strong and damages were not an adequate remedy; therefore an interlocutory injunction restraining use of the name was granted subject to a fortified undertaking of HK$250,000.