27 Dec 2019
OWNDAYS CO., LTD AND ANOTHER v. PROFESSIONAL OPTOMETRIST LTD AND OTHERS
- Citation
- [2019] HKCFI 3147
- Court
- Court of First Instance
- Case number
- HCA1718/2018
The 2nd Defendant applied to register an identical reproduction of the Plaintiffs' Artistic Work while aware of the Plaintiffs' use and ownership; objectively that conduct fell below acceptable commercial standards and amounted to bad faith under the Trade Marks Ordinance, rendering the registration void ab initio; registration does not excuse copyright infringement; summary judgment was therefore entered for the Plaintiffs, additional damages were appropriate given deliberate and flagrant copying, and indemnity costs ordered where appropriate.