2 Apr 2020
MONSTER ENERGY CO v. 洪嘉珮
- Citation
- [2020] HKCFI 561
- Court
- Court of First Instance
- Case number
- HCIP5/2019
The court affirmed the Hearing Officer's decision: the Earlier MONSTER marks possess only a moderate degree of inherent distinctiveness for the registered goods; the Subject Mark ICE MONSTER & device is perceived by the average consumer as a composite dominated by ICE MONSTER and the ice device which gives a distinct overall impression; on visual, aural and conceptual comparison the degree of similarity between the Subject Mark and the Earlier Marks is very low; although some goods are identical or similar, the lack of mark similarity means use of the Subject Mark is not likely to cause confu…