BENNY KONG & TSAI, SOLICITORS

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25.08.2021 | Pccw-Hkt Datacom Services Ltd and Another v. Hong Kong Broadband Network Ltd

Pccw-Hkt Datacom Services Ltd and Another v. Hong Kong Broadband Network Ltd In this case, the issue of comparative advertising was considered. The decision essentially confirms that merely making fun of competitor’s goods or services does not necessarily amount to trademark infringement. Sarcasm is therefore safe.

25.08.2021 | Registered trademarks – use of ®

Registered trademarks – use of ® In our daily lives, we can often see many designs with “®”, “™” and “©” around them. Today, we are going to talk about these marks and how to use them. Once you have a basic understanding of trademarks, I believe you will find that the majority of products you contact with have similar marks on them. These marks represent various types of designs for easier identification. The following shows the description of these... MORE

25.08.2021 | Alibaba failed to register its invented online shopping festival as a registered trademark

Alibaba failed to register its invented online shopping festival as a registered trademark (Double 11 in Chinese) The Beijing IP Court finally confirmed the rejection of registration of the “Double 11” trademark filed by Alibaba in January 2019 for lack of distinctive features as the trademark could easily be understood by the public in China as representing November 11, the online shopping festival invented by Alibaba itself in 2009. Another global festival is the Valentine’s Day invented by Hallmark.

29.07.2021 | Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan?

Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan? Some customers may encounter a frustrating problem when they apply for trademarks on their own, that is, the notification by the Intellectual Property Office that they are not allowed to register the trademarks. However, what are the reasons for issuing such a notice? The high public awareness for protection of intellectual property rights creates an illusion that trademark application is a simple and easy process.... MORE

29.07.2021 | “Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow

“Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow In the past 2020, news in the trademark field has repeatedly appeared in hot searches. Waves of “free-riding” and “reverse passing-off” trademark cybersquatting news have attracted widespread attention. The problem of malicious cybersquatting and hoarding of trademarks has been around for a long time, and has become more and more serious in recent years, harming the development of new economic and new form of industry. In January this year,... MORE

29.06.2021 | HONG KONG : New Doxxing offence

HONG KONG : New Doxxing offence After the government discussion paper to combat doxxing acts was published over a year ago, the Personal Data (Privacy) (Amendment) Bill 2021 was gazetted on 16 July 2021 and is expected to be enacted by end of 2021. The Bill provides new provisions to combat doxing acts by regulating them criminal offences though nowhere in the Bill have mentioned the word “doxxing”. The new provisions read as follows- “A person commits an offence if... MORE

24.06.2021 | Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers.

China: Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers. (Right side is fake) After the court imposed a penalty of fine for an amount of RMB 3.2 million (US$330,000) against the counterfeiter for the criminal offence of trademark infringement, Consumer council in Jiangsu Province as opposed to the trademark owner (in this case Starbucks) the first time took initiative to sue the counterfeiter at court civilly on basis of... MORE

24.06.2021 | Filing Basis for Trademark Application

Filing Basis for Trademark Application In Taiwan, there is no so-called filing basis for trademark application. However, when you need to file a trademark application in the United States, the application case in Taiwan would be crucial. Practical execution and opinions with regards to filing bases are as follows. There are multiple filing bases on trademark application in the United States. For example, “intent-to-use”, “used-in commerce”, and “foreign registration”. Among them, you must provide a certificate of use in the... MORE

24.06.2021 | Michelin Sues Hong Kong Company for Trademark Infringement

Michelin Sues Hong Kong Company for Trademark Infringement Michelin, the French-based Company behind the internationally-renowned restaurant ratings guide, namely “Compagnie Générale des Etablissements Michelin”, recently filed a law suit against a Hong Kong company operating business via an online platform, for trademark infringement and passing-off, seeking damages and injunctive relief. The French-based company is the owner of registered trademarks for various “Michelin” and “米芝蓮”(Chinese transliteration of “Michelin”) and related trademarks in Hong Kong. It has accused the Hong Kong company... MORE

25.05.2021 | “Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China

“Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China Little Yellow Duck Walnut duck The “Little Yellow Duck” copyright owner sued the Walnut duck in China for copyright infringement. The Little Yellow Duck lost the battle at the stage of 1st instance and appealed. The appeal court (Guangdong High People’s Court) upheld the 1st instance verdict and dismissed the appeal. The court commented : Protecting copyright is to encourage creation. Over protecting would however restrict the freedom... MORE