Hong Kong Case Law: Decisions & Judgments

Topic

Confusion

Legal area

Court

31 Mar 2008

AQUA CONCEPTS LTD AND OTHERS v. HONG KONG RESORT CO. LTD AND ANOTHER

Citation

AQUA CONCEPTS LTD AND OTHERS v. HONG KONG RESORT CO. LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1658/2007

There is a serious question to be tried that the defendants' use of the two names may constitute a misrepresentation likely to cause dilution of the plaintiffs' goodwill; damages would be an inadequate remedy for harm to that goodwill; although the plaintiffs delayed, the delay was not fatal; accordingly interlocutory relief restraining the defendants from using the two names should be granted, subject to limited exclusions and costs rules.
28 Nov 2002

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD. AND ANOTHER

Citation

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA2409/2002

Passing off is not within Section 33A(1)(a); the defendants failed to discharge the onus of showing a jury trial would produce a more just result given the nature of the issues (secondary facts, mixed questions of law and fact, likely complexity and risk of confusion and prolongation); accordingly the application for trial by jury is refused and the action will be tried by judge alone; leave to publish the Ruling of 6 September 2002 is granted.
27 Aug 1999

ASTG INTERNATIONAL (H.K.) LTD. v. ASTG CONTAINER LINE LTD.

Citation

ASTG INTERNATIONAL (H.K.) LTD. v. ASTG CONTAINER LINE LTD.
Court

Court of First Instance
Case number

HCA7642/1999

The court found there were serious questions to be tried on goodwill, alleged authorization by the BVI company and acts of passing off, and after weighing the balance of convenience (including the June 98 Agreement, weak/obscure authorization evidence, similarity of logos and evidence of confusion) concluded the merits favoured the Plaintiff sufficiently to grant an interlocutory injunction, subject to a fortified cross-undertaking of HK$500,000 and a 14-day suspension to allow compliance.
11 May 1988

CAESARS WORLD, INC. v. DELMAN COMPANY LIMITED

Citation

CAESARS WORLD, INC. v. DELMAN COMPANY LIMITED
Court

Court of First Instance
Case number

HCA8647/1987

Plaintiffs established sufficient goodwill in Hong Kong and Defendants' use of the name is likely to cause confusion and damage to Plaintiffs' reputation; there is a serious question to be tried under the American Cyanamid test and the balance of convenience favors granting an interlocutory injunction restraining Defendants from using the Plaintiffs' name pending trial.
1 May 1985

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS

Citation

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS
Court

Court of Appeal
Case number

CACV38/1985

The court found that the plaintiff failed to prove a distinctive reputation in the get-up of the bricks because the complained-of features were dictated by utility and system compatibility rather than capricious or distinctive presentation; consequently there was no basis for passing off, no sufficient risk of irreparable harm and the interlocutory injunction was refused; the Order 14 judgment on the counterclaim was not interfered with because the passing off claim was misconceived for the non-copyright elements.

Hong Kong Case Law

AQUA CONCEPTS LTD AND OTHERS v. HONG KONG RESORT CO. LTD AND ANOTHER

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD. AND ANOTHER

ASTG INTERNATIONAL (H.K.) LTD. v. ASTG CONTAINER LINE LTD.

CAESARS WORLD, INC. v. DELMAN COMPANY LIMITED

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS