Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prior use defence
  • 16 Nov 2009

    MODERN BEAUTY SALON HOLDINGS LTD AND ANOTHER v. UNICITY HONG KONG LTD

    Citation
    MODERN BEAUTY SALON HOLDINGS LTD AND ANOTHER v. UNICITY HONG KONG LTD
    Court
    Court of First Instance
    Case number
    HCA2644/2007

    The defendant's mark is visually, aurally and conceptually similar to the plaintiffs' registered trademark and used on similar cosmetics, such use is likely to cause confusion; the defendant failed to establish defences of honest concurrent use or prior continuous use; plaintiffs have acquired goodwill and the defendant's conduct amounts to passing off; plaintiffs are entitled to injunctive and ancillary relief and damages or an account of profits, interest and costs.