25 Jun 2025 | Is it necessary to prove the Defendant’s motive to defraud in order to prosecute by Passing Off?

1. In Hong Kong, the simplest answer to the above question is “No”. Nevertheless, if the Plaintiff can better prove that the Defendant had “intention to defraud” (i.e. Intention to Deceive), the case will be more likely to be successful. 2. Recently, the author had received several cases where the Defendants were prosecuted by relying on innuendo (i.e. passing off) (also known as counterfeit). Since there is a gap in the similarity between the Plaintiff’s trademark and the Defendant’s trademark,... MORE