- 25 A B A 109. Despite the submissions of Mr Hughes, I am satisfied that B there is a serious question to be tried on copyright infringement. C D E C Trade Mark Claim 110. D Although P1 has pleaded that it is the registered proprietor of E trade mark registrations worldwide, at the interlocutory stage the claim for F G trade mark infringement is only for the infringement of the two Hong Kong registered marks namely, the PANDORA Word Mark and the F G PANDORA & Device Mark. H I H P1’s claim on trade mark infringement is under section 18(1) 111. I of the Trade Marks Ordinance (“the TMO”) (Cap 559) which provides that J K a person infringes a registered trade mark if he uses in the course of trade or business “a sign which is identical to the trade mark in relation to goods J K or services which are identical to those for which it is registered.” L M L 112. Section 18(5) of the TMO provides that for the purposes of the M section, a person uses a sign if he: N N “… (c) puts goods on the market under the sign; O … O P (g) uses the sign on business papers or in advertising.” P Q R 113. (a) P1 complains of two types of trade mark infringement: Q use on web pages selling the Glamulet products by the use of R the PANDORA Word Mark and the PANDORA & Device S Mark or by the use of the phrase “PANDORA compatible”; and T (b) S T use of the word PANDORA as a Google AdWord. U U V V

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