9 Dec 2021
BIOZEAL, LLC AND ANOTHER v. NATURE’S STORY CO LTD AND ANOTHER
- Citation
- [2021] HKCFI 3725
- Court
- Court of First Instance
- Case number
- HCIP34/2021
Leave to appeal was granted reluctantly on jurisdictional/justiciability grounds because the issue is important and not fully argued below, but the stay of execution was refused: the court has jurisdiction to grant interlocutory injunctions in passing-off cases and to make preliminary assessments of foreign law; new points not taken at the substantive hearing should generally not be allowed on appeal; the balance of convenience and prejudice favors the plaintiffs and a stay would unjustly delay protection of IP rights.