Hong Kong Case Law: Decisions & Judgments

Topic

Passing off elements

Legal area

Court

19 Dec 2025

ALIBABA INNOVATION PRIVATE LTD v. HONG KONG JUHUASUAN INTERNATIONAL TRADING LTD

Citation

[2025] HKCFI 6401
Court

Court of First Instance
Case number

HCIP67/2025

On the pleaded facts, which in absence of defence are deemed admitted, plaintiff established ownership of the registered marks and goodwill, defendant's company name used "Juhuasuan"/"聚划算" in trade so as to be similar to the marks and likely to cause confusion and take advantage of well-known marks, and the elements of passing off were met; therefore default judgment and the permanent and consequential injunctive and ancillary orders sought were justified.
4 May 2006

AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS

Citation

AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS
Court

Court of First Instance
Case number

HCA3933/2000

The court held that the word 'aqua' is descriptive of water-related goods and was not inherently adapted to distinguish the plaintiffs' goods; factual distinctiveness was insufficient to overcome the lack of inherent distinctiveness; therefore registrations were entered without sufficient cause under s.9 and should be varied to require a disclaimer of the word 'aqua'. The plaintiffs failed to prove misrepresentation or likelihood of deception by the 6th defendant and the passing off claim failed. Judgment entered for defendants; counterclaim granted in part to vary registrations to require di…
29 Oct 1998

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

Citation

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA9547/1995

The Court found that GDF was the owner of the goodwill in the Pearl River Bridge Super Mellow Mijiu and Shiwan Mijiu in Hong Kong, that the Pearl River Bridge trade mark and associated reputation accrued to GDF and that the labels (copyright) belonged beneficially to GDF; Tung Fook (1982)'s registration and China Advertising's assignment were procured in breach of trust and without GDF's authority and were voidable; defendants committed passing off and injurious falsehood and are restrained by injunctions; counterclaims dismissed; the Registrar of Trade Marks to be consulted before final rect…
29 Oct 1998

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

Citation

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA7759/1995

On the facts the court found GDF controlled and was perceived as responsible for the Pearl River Bridge line of rice wine (Super Mellow Mijiu and Shiwan Mijiu) and therefore owned the goodwill in Hong Kong; GDF was beneficial owner of the copyright in the labels; defendants used labels and published statements that caused likelihood of confusion and pecuniary loss and acted maliciously in respect of injurious falsehood; registration of the Super Mellow Mijiu mark by Tung Fook was obtained without GDF's consent and rectification was warranted though the Registrar would be consulted about condi…

Hong Kong Case Law

ALIBABA INNOVATION PRIVATE LTD v. HONG KONG JUHUASUAN INTERNATIONAL TRADING LTD

AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER