8 Apr 2005
GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
- Citation
- GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4651/2002
On the facts the court construed the distributorship/collaboration documents as vesting ownership of the relevant Hong Kong goodwill in the Plaintiffs (the 2nd Plaintiff including FERC), found the 1st Defendant continued use of the disputed names amounted to passing off and the 2nd Defendant procured/concurred in those acts so is personally liable for the passing off and malicious falsehood; most copyright claims failed for lack of credible priority/authorship except limited infringement of a photograph (P-11) where injunction and delivery up were ordered; the ENHANVOL trade mark registration…