Interim injunction & Trade Mark Infringement

Interim injunction & Trade Mark Infringement

The owner of trade mark rights may apply to the Court for an interim injunction order to immediately stop the alleged infringers from their infringing activities or to compel the infringer to do certain acts pending the outcome of a trial.  Interim injunction application is used in urgent cases, and the application can be made on an Ex-parte basis (without notice to the alleged infringer) or on a Inter-parte basis.  

 

In order for the claimant to succeed in getting the interim injunction order, the claimant will have to prove to the Court that :

1. There is a serious question to be tried, that means must not be frivolous or vexatious and must have prospect of success.

2. The balance of convenience lies in favour of granting the injunction. For this criterion, the Court will consider all the relevant circumstances of the case, the respective strengths and weaknesses of the parties’ case, etc..

3. Monetary compensation is not a sufficient remedy for the claimant.

4. Whether the claimant agrees to an undertaking imposed by the Court that the claimant is able to compensate the defendant (alleged infringer) if the Court subsequently held that the injunction should not have been granted after trial.

5. Whether the claimant has taken out the interim injunction application on a timely basis. There is no unreasonable delay in taking out the proceedings.

 

 

 

For legal advice or services on injunction proceedings in relation to trade mark infringement, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: cac@ccsn.hk]

 

www.ccsn.hk

 

The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship.