29 Jan 2016
TWG TEA CO PTE LTD AND ANOTHER v. TSIT WING (HONG KONG) CO LTD AND OTHERS
- Citation
- TWG TEA CO PTE LTD AND ANOTHER v. TSIT WING (HONG KONG) CO LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV15/2015
The Court dismissed the appeal. It held that passing-off was established on the primary ground of goodwill and inevitable confusion; s18(3) of the TMO is to be read consistently with TRIPS such that para (a) similarity and para (b) likelihood of confusion are distinct but linked, and the trial judge and Court of Appeal did not err in finding similarity and a likelihood of confusion (TWG is the dominant feature); dilution without deception is insufficient for passing-off under Hong Kong law; injunctive relief and registered mark infringement findings under s18(3) are upheld.