Hong Kong Case Law: Decisions & Judgments

LIP HING (YEUNG\'S) MANUFACTORY LTD AND OTHERS v. HONGKONG LIXING YANGSHI MENCHUANG ACCESSORIES LTD

Citation

[2018] HKCFI 2464

Court

Court of First Instance

Case number

HCA1363/2018

Defendant made no procedural response; the defendant's company name is practically identical to the plaintiffs' long-used tradename and the businesses overlap, permitting the court to infer deliberate passing off; therefore plaintiffs entitled to default judgment and ancillary relief including injunctions, delivery up and mandatory company name change.

15 Feb 2007

GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER

Citation: GOLDEN BRIGHT MANUFACTURER LTD v. SUNLIGHT ELECTRONIC TOYS MANUFACTURING CO LTD AND ANOTHER
Court: Court of First Instance
Case number: HCA927/2001

Court accepted s.121 affidavits and held copyright subsisted in the handsample; copying outside Hong Kong did not amount to primary infringement where consignments were merely transhipped for re‑export, but Sunlight imported infringing copies into Hong Kong and, having actual knowledge by May 2000, is liable for secondary infringement for consignments from that date; constructive knowledge at the time of copying was not proven; section 109 empowers delivery up of moulds used to make infringing copies even if located in Dongguan; injunction and delivery up remedies are appropriate.