Hong Kong Case Law: Decisions & Judgments

Topic

Trade mark

Legal area

Court

12 Jan 2024

DATA WORLD SOLUTIONS LTD AND ANOTHER v. CHAN WING CHEONG AND OTHERS

Citation

[2024] HKDC 66
Court

District Court
Case number

DCCJ2284/2019

On the evidence the court found no express representations that the SPA included the disputed domain names or trade mark; the SPA and surrounding documentation showed the sale was limited to PA China and its Microsoft ERP business; Clause 7 of the MA related to IP generated during the management appointment not pre‑existing IP; the disputed domain names and trade mark were not assets of PA China and therefore their non‑transfer did not breach the SPA or MA; the HK$100,000 payment was properly payable under the MA and authorized, so no breach or unjust enrichment. Accordingly all plaintiffs' c…
23 Mar 2017

WONG TO YICK WOOD LOCK OINTMENT LTD v. KIN LAM MEDICINE CO LTD AND OTHERS

Citation

WONG TO YICK WOOD LOCK OINTMENT LTD v. KIN LAM MEDICINE CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2472/2016

The court was satisfied beyond reasonable doubt that the respondents had proper notice of the prior judgments and wilfully failed to comply with them with knowledge of their contents; accordingly each of the companies (1st–3rd respondents) was in contempt and the director (4th respondent) was personally in contempt and liable under Order 45, rule 5(1)(b)(iii), warranting fines for the companies and imprisonment for the director.
16 Dec 2005

LEADWELL CNC MACHINES MFG, CORP. v. GLOBAL CROWN INERNATIONAL LTD

Citation

LEADWELL CNC MACHINES MFG, CORP. v. GLOBAL CROWN INERNATIONAL LTD
Court

Court of First Instance
Case number

HCA853/2005

The application for stay of execution was dismissed because the judge found the defendant's appeal to lack merit (defendant was not bona fide and arguably not a purchaser), and even if the defendant ultimately succeeded the appeal would not be rendered nugatory given the plaintiff's worldwide operations and available mechanisms to enforce reassignment; additionally, the defendant's minimal assets meant damages would not adequately protect the plaintiff.
8 Jun 2005

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS

Citation

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS
Court

Court of First Instance
Case number

HCMP74/2004

Having regard to intertwined claims, mixed successes on core issues, the plaintiffs' partial misconduct on packaging/name evidence and the defendants' shortcomings in preparation of copyright evidence, the court exercised its discretion to vary the costs order nisi and ordered, subject to prior costs orders, that each party bear their own costs of the action; indemnity costs and a separate order for interlocutory injunction costs were refused.
16 Nov 1999

BPI COMMUNICATIONS INC. v. STARNICE LTD. AND OTHERS

Citation

BPI COMMUNICATIONS INC. v. STARNICE LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA5301/1998

The Master erred in discharging the charging order on terms that effectively allowed the Defendants to substitute payment into court for payment of crystallised taxed costs; an unconditional costs order, once taxed, gives the plaintiff a final enforceable entitlement which is not displaced by defendants' payment into court or by separate proceedings for security for costs; the interim stay related solely to the damages inquiry and did not impede enforcement of the costs order.
26 Mar 1997

INVERNESS CORPORATION AND OTHERS v. MAGIC DREAMS COSMETICA INFANTIL., S.L. AND OTHERS

Citation

INVERNESS CORPORATION AND OTHERS v. MAGIC DREAMS COSMETICA INFANTIL., S.L. AND OTHERS
Court

Court of First Instance
Case number

HCA9363/1996

The summons to set aside the Order 11 leave and the service abroad was dismissed: plaintiffs had established a good arguable case on copyright infringement and passing off and on contract/misrepresentation; service was valid under Order 11 Rule 5 (effected by Spanish authorities); Hong Kong was the appropriate forum for the Hong Kong-related claims; non-disclosure of details of Spanish proceedings was inadvertent and not sufficiently material to vitiate the ex parte order, so the service order stands and costs were ordered nisi against the defendants.

Hong Kong Case Law

DATA WORLD SOLUTIONS LTD AND ANOTHER v. CHAN WING CHEONG AND OTHERS

WONG TO YICK WOOD LOCK OINTMENT LTD v. KIN LAM MEDICINE CO LTD AND OTHERS

LEADWELL CNC MACHINES MFG, CORP. v. GLOBAL CROWN INERNATIONAL LTD

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS

BPI COMMUNICATIONS INC. v. STARNICE LTD. AND OTHERS

INVERNESS CORPORATION AND OTHERS v. MAGIC DREAMS COSMETICA INFANTIL., S.L. AND OTHERS