BONNETERIE CEVENOLE AND ANOTHER v. FRANCE MENGTEJIAO (DEVELOPMENT) LTD
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HCA 1101/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1101 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| FRANCE MENGTEJIAO LIMITED (法國夢特嬌有限公司) | Defendant |
_______________________
HCA 1103/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1103 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| FRANCE MENGTEJIAO (DEVELOPMENT) LIMITED (法國夢特嬌(發展)有限公司) | Defendant |
_______________________
HCA 1104/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1104 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| FRANCE MANCHIJIAO DRESS (CHENXI) INT’L LIMITED (法國夢特嬌服飾(辰茜)國際有限公司) | Defendant |
_______________________
HCA 1249/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1249 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| MENGDEJIAO FASHION LIMITED (夢德嬌服飾有限公司) | Defendant |
_______________________
HCA 1250/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1250 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| FRANCE MONTAGUT MEISHAI CLOTHES LIMITED (法國夢特嬌美善服飾有限公司) | Defendant |
_______________________
HCA 1251/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1251 OF 2012
_______________________
BETWEEN
| BONNETERIE CEVENOLE | 1st Plaintiff | |
| MONTAGUT FAR EAST LIMITED (夢特嬌遠東有限公司) | 2nd Plaintiff | |
| and | ||
| MENGTEJIAO FINERY (CHINA) CO LIMITED (夢特嬌服飾(中國)有限公司) | Defendant |
_______________________
| Before: Hon Zervos J in Chambers |
| Date of Hearing: 25 February 2014 |
| Date of Judgment: 25 February 2014 |
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J U D G M E N T
________________________
1. This is yet another batch of applications involving shadow companies. This time by two plaintiffs that have commenced proceedings against various defendants which have been allowed to incorporate in Hong Kong with a name similar to that of the plaintiffs or their trade names or trade marks. The object of the persons behind the defendant companies is to use the Hong Kong incorporation for the purposes of passing off and infringing the trade names or trade marks of the plaintiffs. When it comes to institute civil proceedings by the plaintiffs against each of the defendant companies, there is no one to step forward to defend or respond to the litigation concerned. It appears that the persons behind the companies have left the jurisdiction and armed with Hong Kong corporate records use them in Mainland China in furtherance of a fraud.
2. This is a typical case of a shadow company. The characteristic features of a case of this type were described by me in Power Dekor (Hong Kong) Ltd v Power Dekor Group Co Ltd, HCA 1139/2013, unreported, 9 January 2014.
3. Having considered the papers filed and the submissions for the plaintiffs, I am satisfied in each case that service of the relevant papers have been properly effected and that the defendant has defaulted in filing a notice of intention to defend and a defence.
4. Accordingly, I enter judgment for the plaintiffs against each of the defendants in HCA 1101/2012; 1103/2012, 1104/2012; 1249/2012, 1250/2012; 1251/2012 and I order the relief sought by the plaintiffs in the respective summons.
| (Kevin Zervos) Judge of the Court of First Instance | |
| High Court |
Ms Iris Mok, of ONC Lawyers, for the plaintiffs