24 Jun 2005
CHEUNG YAN t/a WAH CHEONG v. YUE LUNG SEA PRODUCTS TRADING CO LTD AND ANOTHER
- Citation
- CHEUNG YAN t/a WAH CHEONG v. YUE LUNG SEA PRODUCTS TRADING CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2562/2000
Court found on the evidence that the Device and Character Marks retained a strong residual reputation from the Yubi Brand mushrooms and that Cheung knowingly copied those marks; use of the marks on seafood packaging was likely to deceive consumers as to trade origin and also misrepresented Japanese origin and the nature of products (abalone v whelk); registrations were therefore contrary to section 12(1) (and section 13(1) proprietor claim failed) of the old Trade Marks Ordinance and the marks were expunged; consequentially trade mark infringement and passing off claims by Cheung failed and w…