Hong Kong Case Law: Decisions & Judgments

Topic

False application of trade mark

Legal area

Court

17 Aug 1989

THE QUEEN v. NEWTIMES LTD

Citation

THE QUEEN v. NEWTIMES LTD
Court

Court of First Instance
Case number

HCMA1009/1989

Conviction quashed because the evidence showed the trade mark was applied for export to Panama with authorization, the appellant rejected the goods and had no control or property in them and did not cause their entry into or sale in Hong Kong; the magistrate's inference of liability based on a failure to take preventative steps was unsupported by the information and evidence.
19 May 1986

THE QUEEN v. YANG YIU WING t/a MEE TAI GARMENT FACTORY AND ANOTHER

Citation

THE QUEEN v. YANG YIU WING t/a MEE TAI GARMENT FACTORY AND ANOTHER
Court

Court of First Instance
Case number

HCMA390/1986

The magistrate's factual finding that the infringing mark nearly resembled the registered trade mark and was calculated to deceive was correct and is upheld; the appellants failed to prove the statutory defences under Section 26 because their declarations showed sole reliance on customers without sufficient independent verification; conviction stands but sentence reduced for mitigation (not deliberate, first offence).
MAK PAK YAN v. KWAN HAP WAH

Citation

MAK PAK YAN v. KWAN HAP WAH
Court

Court of Appeal
Case number

CACC809/1972

Possession of goods bearing a mark closely resembling the registered mark together with corroborative indicia found at the same premises (eg name‑cards bearing the same mark and address and trading as Sannex Company) gave rise to a strong prima facie inference that the respondent had applied the mark within the meaning of s.5, and because under s.5(5) the defendant bears the burden of proving assent, the case must be sent back for the magistrate to hear the respondent in answer to the information.

Hong Kong Case Law

THE QUEEN v. NEWTIMES LTD

THE QUEEN v. YANG YIU WING t/a MEE TAI GARMENT FACTORY AND ANOTHER

MAK PAK YAN v. KWAN HAP WAH