3 Nov 2015
INTERNATIONAL HOTEL INVESTMENTS PLC AND ANOTHER v. JET UNION DEVELOPMENT LTD AND ANOTHER
- Citation
- INTERNATIONAL HOTEL INVESTMENTS PLC AND ANOTHER v. JET UNION DEVELOPMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1941/2015
Although the court identified some serious issues to be tried (limited goodwill for hotels, potential similarity of mark, and arguable overlap in field), on balance the plaintiffs failed to show a strong case of likely misrepresentation or well-known mark in Hong Kong for residential sales; the defendants' contextual use (prominent display of Sino Land and K. Wah and Chinese name) and the plaintiffs' delay in bringing proceedings after large-scale advertising and mass sales (525 of 536 units sold) meant that refusal of the interlocutory injunction carried the lower risk of injustice, and the…