6 Jul 2018
HUGO BOSS TRADE MARK MANAGEMENT GMBH & CO KG AND OTHERS v. THE BRITAIN BOSS INTERNATIONAL CO LTD AND ANOTHER
- Citation
- [2018] HKCA 381
- Court
- Court of Appeal
- Case number
- CACV114/2015
The appeal was allowed: the defendants demonstrated real prospects of successfully defending the plaintiffs' trade mark infringement and passing off claims on the evidence available (notably lack of link between defendants and the online sales, and evidence that websites were directed to the Mainland), and the default judgment against the 2nd defendant was irregular and must be set aside without imposition of conditions; accordingly the default judgments below were set aside and the judgment below reversed, with costs ordered against the plaintiffs.