10 Sept 2008
TAIWAN FU HSING INDUSTRIAL CO LTD v. E. BON BUILDING MATERIALS CO LTD
- Citation
- TAIWAN FU HSING INDUSTRIAL CO LTD v. E. BON BUILDING MATERIALS CO LTD
- Court
- Court of First Instance
- Case number
- HCMP185/2008
Defendant failed to prove any valid prior assignment of the LEADO trade mark or that it had acquired the relevant goodwill in Hong Kong; the mark at registration was a manufacturer’s mark attributable to the plaintiff (via acquisition from Leado Enterprises), and therefore the defendant’s registration (though prima facie valid) was displaced by the plaintiff’s earlier right in passing off; claim for declaration of invalidity under s53 Cap.559 succeeded and counterclaim failed.