29 Mar 2018
NERIUM BIOTECHNOLOGY, INC NERIUM SKINCARE, INC NERIUM SKINCARE HK LTD V. NERIUM INTERNATIONAL, LLC NERIUM INTERNATIONAL HONG KONG LIMITED
- Citation
- [2018] HKCFI 674
- Court
- Court of First Instance
- Case number
- HCA1188/2016
Interim relief was granted limited to restraining defendants’ use in Hong Kong of plaintiffs’ registered NERIUM trade marks and closely similar trade dress because there are serious issues to be tried on infringement, a real risk of irreparable damage to mark distinctiveness and reputation, and the balance of convenience favoured preservation of the status quo in Hong Kong; the passing off claim failed for want of sufficient non-trivial Hong Kong goodwill; disputes under the Company Agreement are more appropriately resolved in the United States (Texas); defendants’ summons to set aside servic…