Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ownership of trade mark

Legal area

Court

28 May 2020

KUNG KIN WING AND ANOTHER v. SPLENDID PROFIT INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

[2020] HKCFI 894
Court

Court of First Instance
Case number

HCIP78/2019

The court found on the objective construction of the Investment Agreement and on subsequent conduct (payment of registration expenses by SS Noodle, franchise arrangements, share distribution and valuation) that the Trade Name, Trade Mark and Goodwill were transferred to the business (SS Noodle/Splendid Profit) and that Kung held the registered Trade Mark as trustee for the business; accordingly, Kung's claims for trade mark infringement and groundless threats were dismissed, passing-off relief was granted against Kung for the ParknShop consignment business, and Chan's Camp was entitled to rec…
3 Nov 2005

RE YANTAI CHANG YU GROUP CO LTD

Citation

RE YANTAI CHANG YU GROUP CO LTD
Court

Court of First Instance
Case number

HCMP2721/2003

The court upheld the Registrar's reliance on contemporaneous documents and findings of fact that the respondent had established use, control over packaging, export and promotion and that the Hong Kong public perceived the respondent as responsible for the goods; the appellant failed to prove the register entries were made without sufficient cause and therefore the registrations remain valid; appeal dismissed.