17 Apr 2018
DACHENG INTERNATIONAL LEGAL SERVICES LTD AND ANOTHER v. YEUK LUNG BENEDICT AND ANOTHER
- Citation
- [2018] HKCFI 780
- Court
- Court of First Instance
- Case number
- HCA2409/2015
The court found the plaintiffs established goodwill in Hong Kong in the DACHENG name and that the defendants' continued use amounted to passing off; accordingly plaintiffs succeed on their passing off claim. However, there are genuine disputes of fact about the 2014 transfer and the validity/authority behind it such that summary judgment cannot be given on the unlawful transfer and trade mark infringement claims; those issues must proceed to trial if pursued. The court therefore made orders in the terms of the plaintiffs' revised draft order excluding trade mark infringement claims and made a…