29 Oct 1998
GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
- Citation
- GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA7759/1995
On the facts the court found GDF controlled and was perceived as responsible for the Pearl River Bridge line of rice wine (Super Mellow Mijiu and Shiwan Mijiu) and therefore owned the goodwill in Hong Kong; GDF was beneficial owner of the copyright in the labels; defendants used labels and published statements that caused likelihood of confusion and pecuniary loss and acted maliciously in respect of injurious falsehood; registration of the Super Mellow Mijiu mark by Tung Fook was obtained without GDF's consent and rectification was warranted though the Registrar would be consulted about condi…