- 32 A
B
A
136.
I bear in mind that the Hogan Lovells Test Purchases included
B
purchases from glamulet.com.tw and glamulet.sg which were shipped to
C
D
Hong Kong. However, the fact that purchases were then made on those
sites does not mean that those sites did target Hong Kong consumers.
C
D
As Mr Hughes submitted, some of the sites are foreign sites in foreign
E
F
languages.
The evidence of Qian is that the sites listed in
exhibit QZH–26 cannot accept orders and shipment to Hong Kong.
E
F
That seems to be the present position on the unchallenged evidence.
G
H
In my view, the scope of the order in para 2 of the injunction order is too
wide. The sites listed in QZH–26 should be deleted from Appendix 2 of
G
H
the injunction order namely, item nos 4, 5, 10 to 22 and 24 to 42.
I
I
J
Balance of convenience
J
K
137.
The balance of convenience is, in my view, in favour of the
K
plaintiffs.
D1 was only incorporated in March 2015. D2 claims that
L
M
it was not involved in the jewellery business after D1 was set up.
The injunction order does not seek to stop D2 from carrying on its business
L
M
of hair extension products. I fail to see what real prejudice D2 would
N
O
suffer if the injunction order were continued until trial. The plaintiffs are
good for their undertaking in damages and would be in a position to pay
N
O
them. It seems to me that the damage to the goodwill and reputation of
P
Q
the plaintiffs would be extensive and difficult to quantify and, in my view,
damages would not be an adequate remedy for the plaintiffs. Qian has
P
Q
disclosed that none of the defendants have any assets over HK$3,000 in
R
R
Hong Kong apart from the sums disclosed in the bank accounts of D1, D2
S
and D5. It does not appear from the evidence that the defendants would be
S
in a position to pay damages to the plaintiffs if ordered to do so at trial.
T
T
U
U
V
V
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