Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Added matter principle
  • 31 Jul 2009

    GUCCIO GUCCI S.P.A. v. COSIMO LUDOLF GUCCI AND OTHERS

    Citation
    GUCCIO GUCCI S.P.A. v. COSIMO LUDOLF GUCCI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1582/2008

    Applying TMO s.18 and established EU/UK test for similarity, the court found there is a serious issue to be tried that several composite and device signs used by defendants (COGU used with COSIMO GUCCI/"designed by COSIMO GUCCI", horse‑bit patterns, three‑stripes webbing, CG/G monograms and G device in context) are confusingly similar to plaintiff's registered marks and that passing off claims raise serious questions; damages would not be adequate and the balance of convenience favoured plaintiff, so interlocutory relief was appropriate subject to the court receiving submissions on precise te…