Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rectification of trade marks register

  • 3 Jul 2002

    CHAN KWOK KI v. PANG SIU MING

    Citation
    CHAN KWOK KI v. PANG SIU MING
    Court
    Court of First Instance
    Case number
    HCA2246/1995

    The Second Assignments were invalid because the assignors had no title by reason of the prior registered First Assignment (nemo dat); the Registrar had wrongly accepted and entered the Second Assignments on the Register; on balance of public interest and preserving the purity of the Register the court exercised its discretion under s.48(1) to order rectification (expunge the Second Assignments). Separately, on the evidence the defendant caused counterfeit Wood Lock Oil to be manufactured and labelled with Wan Li identifiers at Jizhu after ZHYKL ceased production and was therefore liable for p…

  • 3 Jul 2002

    YING KUT LEE MEDICINE FACTORY LTD. v. PANG SIU MING

    Citation
    YING KUT LEE MEDICINE FACTORY LTD. v. PANG SIU MING
    Court
    Court of First Instance
    Case number
    HCA7966/1993

    The Second Assignments were invalid because the marks had already been assigned to YKL by the First Assignment; the Registrar's entries were wrongly made and, weighing the paramount public interest in the purity of the Trade Marks Register and the real ownership and goodwill of YKL against PSM's limited interest, the court exercised its discretion to order rectification and expunge the Second Assignments; on the facts PSM was found to have caused counterfeit Wood Lock Oil to be manufactured and labelled, and was liable for passing off; the defendant's counterclaim was dismissed.