21 Jul 2010
BURBERRY ASIA LTD v. POLO SANTA ROBERTA LTD
- Citation
- BURBERRY ASIA LTD v. POLO SANTA ROBERTA LTD
- Court
- Court of First Instance
- Case number
- HCMP2696/2009
On visual comparison the court found each Subject Design to be substantially the same as the Burberry Check such that the asserted differences (colour gradations, slight elongation, sense of direction and the superimposed device on Design C) were not materially distinguishing; colour and the minor features relied on were insufficient to confer novelty, and therefore the registrations lacked novelty and were revoked.