30 Sept 2024
EST-OUEST AUCTIONS CO LTD AND ANOTHER v. NEW ART EST-OUEST AUCTIONS COMPANY LTD formerly known as NEW ART EST-OUEST AUCTIONS COMPANY LTD
- Citation
- [2024] HKCFI 2619
- Court
- Court of First Instance
- Case number
- HCIP45/2023
The court found on the evidence that the Hong Kong goodwill attached to the Est-Ouest brand emanated from EOJP (Japan) because promotional material and conduct connected the Hong Kong business to EOJP; Seki's subsequent registration of the Marks was objectively made in circumstances amounting to bad faith and would deceive or be contrary to passing-off, and the registration is therefore invalidated under the Trade Marks Ordinance; there was no binding agreement transferring EOHK shares because the Basic Agreement expressly provided no binding sale and subsequent objective negotiations did not…