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.