26 Feb 2004
KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER
- Citation
- KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2409/2002
Court held on the balance of probabilities that the Yakult group enjoyed protectable goodwill relevant to Hong Kong, that the Defendants deliberately adopted confusingly similar name, bottle design, colour scheme, logos and website aimed at or likely to affect Hong Kong consumers, that those acts amounted to passing off and infringement of the Plaintiffs' registered marks and contravened Section 63; the 2nd Defendant was personally liable as having intended and procured the torts; injunctive relief is appropriate and remedies and quantum are to be determined at a restored hearing.