Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trade mark registrability

  • 11 Jan 2008

    RE PING AN SECURITIES LTD

    Citation
    RE PING AN SECURITIES LTD
    Court
    Court of Appeal
    Case number
    CACV291/2006

    The Court allowed the appeal and set aside the lower judgment because the applicant failed to prove sufficient reputation/goodwill such that normal and fair use of the respondent's registered marks would likely cause confusion; the lower judge erred in treating passing off as creating an exclusive right and in concluding the applicant would be prevented from using its own name; the evidence for the applicant's asserted reputation and the explanation for the name change were unsatisfactory.

  • 4 May 2006

    AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS

    Citation
    AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA3933/2000

    The court held that the word 'aqua' is descriptive of water-related goods and was not inherently adapted to distinguish the plaintiffs' goods; factual distinctiveness was insufficient to overcome the lack of inherent distinctiveness; therefore registrations were entered without sufficient cause under s.9 and should be varied to require a disclaimer of the word 'aqua'. The plaintiffs failed to prove misrepresentation or likelihood of deception by the 6th defendant and the passing off claim failed. Judgment entered for defendants; counterclaim granted in part to vary registrations to require di…