24 Jul 2013
TSIT WING (HONG KONG) CO LTD AND OTHERS v. TWG TEA CO PTE LTD AND ANOTHER
- Citation
- TSIT WING (HONG KONG) CO LTD AND OTHERS v. TWG TEA CO PTE LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2210/2011
The court found the acronym 'TWG' is the dominant and distinctive element of the plaintiffs' registered marks and is used identically by the defendants as the dominant element of their cartouche/balloon logos; that use is likely to cause confusion and to amount to infringement of s18(3) TMO and to passing off (goodwill, misrepresentation, damage established); international trademark office citations corroborated likelihood of confusion; the defendants' honest-name defence was abandoned and/or inapplicable given their conduct and knowledge.