11 Sept 2023
H&M HENNES & MAURITZ GBC AB v. ZOETOP BUSINESS CO LTD AND OTHERS
- Citation
- [2023] HKCFI 2329
- Court
- Court of First Instance
- Case number
- HCIP31/2021
Leave to appeal is granted in respect of the claim against the 1st Defendant because the judge accepted the 1st Defendant's affirmation describing its business as akin to an e-commerce platform but failed to address evidence or argument that the 1st Defendant sold under its own brand and thus may have been the party who first put the alleged infringing goods into circulation; this potential error gives the Plaintiff a reasonable chance of success on appeal. Leave to appeal is refused in respect of the 2nd Defendant. Costs ordered nisi as set out.