UNITED PARCEL SERVICE OF AMERICA INC. AND ANOTHER v. UPS FAR EAST LIMITED

1988 No. A7555

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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J U D G M E N T

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1. This is a motion for an order that the plaintiff be granted leave to issue a writ of sequestration against the defendant and for an order for committal of a director, Mr Benny Leung.

2. The plaintiff's claim is in passing off in respect of the defendant's use of the name UPS.

3. On the 30th September 1992, the plaintiff obtained leave to enter judgment against the defendant for an injunction, inter alia, restraining the defendant from passing off, and orders for the destruction of offending material and for the vacation of the registration of the defendant's name in the Register of Companies. The defendant has failed to comply with the order for destruction despite several letters of reminder from the plaintiff's solicitors while searches in the companies registry reveal that the name of the defendant has not been removed. Upon the evidence there have been clear breaches of the order made on the 30th September 1992.

4. On the 6th November 1992, I granted leave pursuant to Order 52 of the Rules of the Supreme Court for the plaintiff to issue the present proceedings. The motion was filed on the 12th November 1992, and with other documents was served personally on Mr Leung on the 23rd November 1992. However, there was no appearance today either on behalf of the company or Mr Leung. The solicitors who formerly acted on behalf of the defendant have ceased to act.

5. The contempt by the defendant and Mr Leung is blatant with the result that the plaintiff is entirely justified in seeking the relief set out in the motion. I shall therefore make an order granting the plaintiff leave to issue a writ of sequestration against the defendant and an order for the committal of Mr Leung to prison. I shall also make an order for costs against the defendant and Mr Leung on an indemnity basis. There will be liberty to apply.