Hong Kong Case Law: Decisions & Judgments

Topic

Delivery up and destruction

Legal area

Court

20 May 2021

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. LEGEND HK PHARMACY LTD

Citation

[2021] HKCFI 1511
Court

Court of First Instance
Case number

HCA2540/2017

On the affidavits, pleadings and evidence before the court the defendants failed to demonstrate any triable or arguable defence (including the asserted parallel import defence); expert and comparative examinations showed the products were not genuine; accordingly summary judgment was appropriate and final injunctive relief, ancillary disclosure and delivery-up orders, and costs were granted.
20 May 2021

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. CHEUNG WAI PAN t/a JUFENG GLOBAL COMESTIC CO

Citation

[2021] HKCFI 1511
Court

Court of First Instance
Case number

HCA2626/2017

Defendants failed to demonstrate any triable issue or provide evidence to support the parallel import/authorisation defence; consequently summary judgment was appropriate and final injunctive and ancillary relief, including delivery up, disclosure, election as to damages or account of profits and assessed costs, were granted to the plaintiff.
20 May 2021

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. BEST SELLER AGENCY LTD

Citation

[2021] HKCFI 1511
Court

Court of First Instance
Case number

HCA2627/2017

Defendants failed to demonstrate any triable defence or evidential basis for their parallel import defence; admissible evidence including expert comparison established the impugned products were not genuine and infringed plaintiff's trade marks, passing off and copyright; accordingly summary judgment was appropriate and injunctions, delivery up, disclosure, election for account or damages and costs were ordered.
16 Dec 2014

HEALTH & BEAUTY INTERNATIONAL HOLDINGS LTD v. CHAU MING WAH AND OTHERS

Citation

HEALTH & BEAUTY INTERNATIONAL HOLDINGS LTD v. CHAU MING WAH AND OTHERS
Court

Court of First Instance
Case number

HCA68/2012

On the evidence the plaintiff established valid assignments, substantial similarity and access such that the defendants infringed the plaintiff's copyright and registered design; defendant 1's statements were defamatory and justification failed; appropriate remedies are injunctions, accounts of profits, delivery up for destruction and damages of HKD 100,000 for defamation.
22 Feb 2005

L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER

Citation

L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER
Court

Court of First Instance
Case number

HCA4204/2002

The court accepted plaintiffs' evidence and expert opinion, held the three drawings are protected artistic works and that the 2nd plaintiff, as Rossi's employer, is the first owner. The defendants infringed the 2nd plaintiff's copyright by reproducing the drawings and manufacturing substantially identical drums. Relief granted includes delivery up and destruction of infringing drawings and drums, injunctive relief, compulsory disclosure by defendants, assessment of damages and costs, with consideration of additional damages under section 108 left to the Master after disclosure.
8 Jul 1999

MOULINEX S.A. v. SIRAJ UD-DIN t/a KHYBER EXPORT (FAR EAST) CO.

Citation

MOULINEX S.A. v. SIRAJ UD-DIN t/a KHYBER EXPORT (FAR EAST) CO.
Court

Court of First Instance
Case number

HCA11230/1998

The Defence was not credible on the evidence; the sale took place on the Defendant's business premises in circumstances showing Andy Sin was acting in the course and scope of his employment or with apparent authority, therefore the sale of the counterfeit blender infringed the Plaintiff's registered trade marks and the Plaintiff was entitled to summary judgment with a permanent injunction and ancillary relief.
6 Apr 1992

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS

Citation

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9669/1991

The court found on the affidavits and seized contemporaneous documents that the defendants (principally the 3rd and 4th) produced and supplied counterfeit Levi "501" jeans, labels and other paraphernalia and arranged shipments through Hong Kong; those acts constituted use in the course of trade amounting to trade mark infringement under s.27 and constituted passing off because they misrepresented goods and were likely to injure the plaintiff's goodwill in Hong Kong. The defendants failed to raise a credible triable issue under Order 14 R.3(1); therefore summary judgment and the substantive in…

Hong Kong Case Law

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. LEGEND HK PHARMACY LTD

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. CHEUNG WAI PAN t/a JUFENG GLOBAL COMESTIC CO

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. BEST SELLER AGENCY LTD

HEALTH & BEAUTY INTERNATIONAL HOLDINGS LTD v. CHAU MING WAH AND OTHERS

L & T (ASIA PACIFIC) LTD AND ANOTHER v. WONG HONG LAI AND ANOTHER

MOULINEX S.A. v. SIRAJ UD-DIN t/a KHYBER EXPORT (FAR EAST) CO.

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS