Englishtown Sportswear Ltd And Another v Climax Ltd

Court:Court of Appeal (Hong Kong)
Judgement Number:CACV75/1981
Judgment Date:17 Nov 1981
CACV000075/1981 ENGLISHTOWN SPORTSWEAR LTD AND ANOTHER v. CLIMAX LTD

CACV000075/1981

Copyright - interlocutory injunctions - article similar to plaintiffs' goods found in defendant's office - defendant alleged it to be a "sample by reference" and that no infringement had taken or would take place - triable issue whether these allegations true - injunctions granted.

Discovery - no evidence that there had been dealings in infringing goods - discovery had been rightly refused.

Dates of hearing: 16th and 17th November, 1981

R.G. Kotewall (Johnson, Stokes & Master) for Appellants.

A. Rogers (Wilkinson and Grist) for Respondent.

IN THE COURT OF APPEAL 1981, No. 75
(Civil)

BETWEEN
ENGLISHTOWN SPORTSWEAR LTD. 1st Appellant
(1st Plaintiff)
GOLDEN EMBLEM INVESTMENT CO. LTD. 2nd Appellant
(2nd Plaintiff)
and
CLIMAX LTD. Respondent
(Defendant)

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Coram: Huggins, V.-P., Yang, J.A. and Bewley, J.

Dates of hearing: 16th and 17th November, 1981

Date of Judgment: 17th November 1981.

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JUDGMENT

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Sir Alan Huggins, V.-P. :

1. The Plaintiffs took out a writ for injunctions, damages and discovery in relation to alleged passing-off and infringement of copyright. The Plaintiffs are manufacturers of jeans, which they market under the registered trademark "Sergio Valente".

2. There was then a Summons for interlocutory injunctions and discovery. In a very brief judgment the Judge in Chambers dismissed this application on the ground that there was no evidence or no sufficient evidence that the Defendant exposed infringing goods or offered them for sale.

3. The Plaintiffs had employed a private investigator. He went to the Defendant's premises. There he saw amongst some samples of jeans on the floor one pair which he thought supported the Plaintiffs' complaints. He was told that the Defendant held "only samples for reference purposes" and that it would take two or three weeks for samples to be provided to the investigator. Mr. Vaswani, an employee of the Defendant, said that by that was meant that the articles in the premises were merely to indicate generally the style, cut and quality of jeans which could be supplied and that these jeans were not true samples. Although this particular pair did not bear the name "Sergio Valente", it did bear a device...

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