Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reputation and confusion

Legal area

Court

12 Dec 1985

SCOTIA-ASIAN SECURITY AND ANOTHER v. SECUNITY AND SAFETY LTD

Citation

SCOTIA-ASIAN SECURITY AND ANOTHER v. SECUNITY AND SAFETY LTD
Court

Court of First Instance
Case number

HCA6773/1985

Interlocutory injunction refused; court accepted defendant's limited undertaking and ordered a speedy trial because plaintiffs' short-term risk of confusion was slight, defendant would suffer substantial and quantifiable prejudice from an injunction, serious questions remained to be tried, and an interlocutory injunction could effectively decide the case before trial.
21 Oct 1983

FABRIQUE EBEL SOCIETE ANONYME v. REMEX ELECTRONICS LTD

Citation

FABRIQUE EBEL SOCIETE ANONYME v. REMEX ELECTRONICS LTD
Court

Court of First Instance
Case number

HCA7982/1983

There is a serious question to be tried on both passing off and copyright claims: the evidence supports arguable reproduction of a substantial part of plaintiff's drawings and a real risk of erosion of plaintiff's exclusivity through unmarked or confusingly similar watches; balance of convenience favours plaintiff because harm to plaintiff's reputation and markets would be difficult to quantify while defendant's relative loss is limited; interlocutory injunction granted and plaintiff's undertaking as to damages fortified to HK$1,500,000.