13 Mar 2009
RECKITT & COLMAN (OVERSEAS) LTD AND ANOTHER v. 楊新友 AND ANOTHER
- Citation
- RECKITT & COLMAN (OVERSEAS) LTD AND ANOTHER v. 楊新友 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2073/2008
Plaintiffs proved long standing reputation and goodwill in the marks; the defendants registered and sought to use confusingly similar marks with the intention to deceive and to extract payment, thereby making a plain and obvious case of passing off and an instrument of deception; the defendants acted pursuant to a common design or procured each other's acts and therefore are jointly liable; no triable issue existed and summary judgment was appropriate; indemnity costs were warranted and assessed at HK$540,000.