- 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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