- 8 A
B
A
that is a matter that should be determined at trial.
There is no suggestion
B
that the plaintiffs would not be good for their undertaking in damages.
C
D
C
24.
In my judgment, the discharge summons should be adjourned
D
to the trial judge to be determined at trial.
E
F
E
25.
At this interlocutory stage, the court should consider whether
F
in the light of the evidence before the court and the plaintiffs’ case as set
G
H
out in the ASC the injunction order as continued by L Chan J and as varied
by Mr Recorder Whitehead SC should be continued until trial or further
G
H
order.
I
J
I
26.
The plaintiffs’ causes of action at the interlocutory stage are
for copyright infringement and trademark infringement.
K
Although there
is also a claim for passing off, that is not pursued at the interlocutory stage.
L
The 1 plaintiff (“P1”) is a company incorporated and with its
st
registered office in Denmark. It was founded in Denmark in 1982.
N
P
M
N
28.
O
K
L
27.
M
J
P1 carries on business as a designer, manufacturer and
distributor of jewellery products, in particular hand-finished modern
jewellery products made from high-quality materials at affordable prices.
O
P
As pleaded and as shown in the evidence, P1’s products are marketed and
Q
sold in over 100 countries.
R
R
29.
S
T
Q
The 2 plaintiff (“P2”) is a company incorporated in Hong
nd
Kong with its registered office at Suite 3607, 36th Floor & 3801–04 &
3812–14, 38th Floor, Tower 6, The Gateway, Harbour City, Tsim Sha Tsui,
S
T
Kowloon, Hong Kong.
U
U
V
V