3 Dec 2014
TSIT WING (HONG KONG) COMPANY LTD AND OTHERS v. TWG TEA (HK) COMPANY LTD AND ANOTHER
- Citation
- TSIT WING (HONG KONG) COMPANY LTD AND OTHERS v. TWG TEA (HK) COMPANY LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV191/2013
The Court held that the Judge correctly identified the letters "TWG" as at least one dominant and distinctive element of the plaintiffs' registered marks, and that the defendants' use of signs featuring the same letters in the specific Hong Kong retail/tea salon context was similar and likely to cause confusion; statutory infringement and passing off were established; the appeal was dismissed and the injunctions and other relief below were upheld subject to a drafting modification of paragraph 1(b).