Hong Kong Case Law: Decisions & Judgments

Topic

Trade mark assignment

Legal area

Court

4 Nov 2016

CARS (HONG KONG ) LTD v. 老行家國際燕窩股份有限公司

Citation

CARS (HONG KONG ) LTD v. 老行家國際燕窩股份有限公司
Court

Court of First Instance
Case number

HCMP996/2011

There was no effective assignment of the three trade marks from the plaintiff to the defendant. The purported Registered Trade Mark Transfer Contract was incomplete and not executed by the plaintiff; the Form T10 filed by TMCN was merely an application to register a transaction and not itself an assignment; there was insufficient evidence that Lee had authority to assign the marks on behalf of the plaintiff. Accordingly the defendant's claim to title failed.
21 May 2012

APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA739/2010

The 1st Defendant plainly failed to comply with the court's unless direction by producing expert reports that exceeded the confined issues directed by Master Ho; the specified sanction in the unless order therefore took effect and the 1st Defendant is debarred from adducing any expert evidence at trial unless it successfully applies for relief under Order 2, rule 4.
30 Jun 2005

TAIWAN FU HSING INDUSTRIAL CO. LTD. v. E. BON BUILDING MATERIALS CO. LTD.

Citation

TAIWAN FU HSING INDUSTRIAL CO. LTD. v. E. BON BUILDING MATERIALS CO. LTD.
Court

Court of First Instance
Case number

HCA849/2004

Appeal allowed and security ordered because the plaintiff did not demonstrate a high degree of probability of success on the key issue whether the 2000 assignment included the goodwill necessary for rectification and passing off; the assignment was ambiguous, likely ineffective without goodwill and advertisement under s.41 Cap.43, and the balancing exercise favoured the defendant given plaintiff's foreign residence and lack of assets.
14 Mar 1996

SUN TAK SHING CONFECTIONERY (HK) LTD v. CHEUNG WAI TIM t/a KWUN HEUNG SUN TAK SHING CO

Citation

SUN TAK SHING CONFECTIONERY (HK) LTD v. CHEUNG WAI TIM t/a KWUN HEUNG SUN TAK SHING CO
Court

Court of First Instance
Case number

HCA8980/1993

The Second Document, as signed and acted upon by the parties, constituted a concluded and binding agreement entered in early July 1992; the dishonour of the post-dated cheque did not amount to repudiation by the defendants; the plaintiff repudiated by denying the subsistence of the Second Document and thus was in breach; the Second Document therefore remains on foot and the 2nd defendant's counterclaim for injunctive relief and an inquiry for damages is allowed.

Hong Kong Case Law

CARS (HONG KONG ) LTD v. 老行家國際燕窩股份有限公司

APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

TAIWAN FU HSING INDUSTRIAL CO. LTD. v. E. BON BUILDING MATERIALS CO. LTD.

SUN TAK SHING CONFECTIONERY (HK) LTD v. CHEUNG WAI TIM t/a KWUN HEUNG SUN TAK SHING CO