Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Registration conflict

Legal area

Court

6 Jun 1985

BROWN AND WILLIAMSON TOBACCO CORPORATIION (EXPORT) LIMITED AND OTHERS v. REEMTSMA CIGARETTENFABRIKEN GMBH AND ANOTHER

Citation

BROWN AND WILLIAMSON TOBACCO CORPORATIION (EXPORT) LIMITED AND OTHERS v. REEMTSMA CIGARETTENFABRIKEN GMBH AND ANOTHER
Court

Court of First Instance
Case number

HCA855/1985

Interlocutory relief was refused because the plaintiffs delayed and failed to act expeditiously, the factual disputes (similarity, market impact and packaging) were better resolved at a speedy trial under Order 29(5), and damages would be an adequate remedy given defendants' solvency; proceedings against Wellcome were inappropriate at short notice and therefore stayed.
6 Jun 1985

BROWN AND WILLIAMSON TOBACCO CORPORATION (EXPORT) LIMITED AND OTHERS v. WELLCOME COMPANY LIMITED

Citation

BROWN AND WILLIAMSON TOBACCO CORPORATION (EXPORT) LIMITED AND OTHERS v. WELLCOME COMPANY LIMITED
Court

Court of First Instance
Case number

HCA3275/1985

Interlocutory relief was refused because plaintiffs delayed and failed to establish urgency or irreparable harm, defendants appeared solvent so damages would be adequate, and the substantive issues are more appropriately and fairly determined at a speedy trial under Order 29(5); proceedings against Wellcome should be stayed and costs awarded against Wellcome for the summons.