12 May 2009
PING AN SECURITIES LTD v. 中國平安保險(集團)股份有限公司
- Citation
- PING AN SECURITIES LTD v. 中國平安保險(集團)股份有限公司
- Court
- Court of Final Appeal
- Case number
- FACV26/2008
The Court of Final Appeal restored the trial judge's finding that the appellant had established sufficient goodwill in Hong Kong and that a notional and fair use by the respondent of the marks PING AN for securities services would inevitably deceive or confuse a substantial number of people, thereby amounting to passing off and rendering the respondent's registrations invalid for the relevant services; the Court of Appeal's contrary conclusion was unsupported on the facts and was influenced by material located by the court itself which should not have been treated as adverse evidence.