Permanent injunction & Trade Mark Infringement
Trade mark owners often sought injunction relief against the infringer in intellectual property infringement proceedings. If after trial, the Court decides that the defendant's acts constitute trade mark infringement, the Court may grant a permanent injunction against the defendant (the infringer), restraining the defendant from continuing with the infringement acts.
It is possible for the plaintiff to obtain a permanent injunction order against the defendant, whether acting by itself, its directors, officers, employees, servants, agents, representatives, nominees or associates or related companies or subsidiaries, from carrying out the infringing acts.
Examples of infringing acts that could be restrained under permanent injunction order include manufacturing, selling, distributing in public, advertising, possessing the infringing goods.
Permanent Injunction order is an equitable remedy and the Court has discretion in deciding whether the order should be granted taken into account the circumstances of the case.
The Permanent Injunction order granted would be restricted to the infringement activities committed by the defendant as proved by the plaintiff. The Court will take into account the actual circumstances of the case and will be reluctant to grant an injunction order beyond what is necessary and justified.
For legal advice or services on injunction proceedings in relation to trade mark infringement claim, 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.