Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Character merchandising

  • 11 Apr 2002

    SAN-X CO. LTD. v. TAI PAN BREAD & CAKES CO. LTD. AND ANOTHER

    Citation
    SAN-X CO. LTD. v. TAI PAN BREAD & CAKES CO. LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA78/2002

    The court found that the plaintiff had raised a serious question to be tried both on copyright infringement and on passing off based on arguable visual similarities and plausible access to Kogepan materials; damages would likely be inadequate to redress the plaintiff's loss of licensing exclusivity and control; balance of convenience favored granting an interlocutory injunction subject to fortification because defendants failed to produce evidence that repackaging would cause the dire commercial consequences alleged. The court therefore granted an interlocutory injunction subject to fortifica…

  • 18 Jul 2001

    LAU TAK WAH ANDY v. HANG SENG BANK LTD.

    Citation
    LAU TAK WAH ANDY v. HANG SENG BANK LTD.
    Court
    Court of Appeal
    Case number
    CACV612/2001

    The Court dismissed the appeal and upheld the judge below: the six interrogatories were relevant and necessary because their potential to illuminate the plaintiff's reputation and goodwill as an endorser (and therefore the misrepresentation issue) satisfied the test for discovery at interlocutory stage and the trial judge did not abuse his discretion.

  • 27 Mar 2001

    LAU TAK WAH ANDY v. HANG SENG BANK LTD.

    Citation
    LAU TAK WAH ANDY v. HANG SENG BANK LTD.
    Court
    Court of First Instance
    Case number
    HCA3968/1999

    The court held that interrogatories seeking the number of applications and selections of the plaintiff's image and questions on prior use/arrangements (items 1,2,4,5,12,13) are relevant and necessary to issues of goodwill and misrepresentation and therefore should not have been withdrawn; interrogatory 6 (discontinued use of credit cards) is irrelevant and withdrawn; interrogatory 7 (revenue/turnover) involves confidential information and disclosure is to be deferred/withdrawn until liability is established.