Groundbreaking case involving copyright of an unregistered trademark

Baker & McKenzie has advised Harley-Davidson in a groundbreaking case involving the protection of copyright in the unregistered trademark name ‘Ha Lei in CC’. The case resulted in a victory for Harley-Davidson before the Beijing Higher People’s Court (HPC),
which upheld the initial Intermediate People’s Court ruling that the defendants had committed trademark infringements and acts of unfair competition including false advertisements. The HPC judgment was significant in that, the HPC took the view that due to the extensive publicity in the Mainland, the unregistered ‘Ha Lei in CC’ mark has become a transliteration of ‘Harley’. As such, the use of ‘Ha Lei in CC’ by the defendants’ store infringed upon Harley-Davidson’s exclusive right to use the registered trademark, namely ‘Harley’. Baker & McKenzie’s team was led by partner Loke-Khoon Tan and associate Andrew Sim.

First takeover of a Hong Kong listed company by a Mainland brokerage

DLA Piper has advised Hai Tong (HK) Financial Holdings Ltd on its HK$1.8 billion (US$231.7 million) acquisition of a controlling stake in Taifook Securities Group Ltd, Hong Kong’s largest brokerage, from NWS Holdings Ltd. The acquisition was followed by a HK$1.7 billion general offer by Hai Tong (HK) for the remaining shares in Taifook Securities. DLA’s team was led by partners Esther Leung and Jeffrey Mak and team members included Iris Yim, Yeti Ho, Vivian Ji and Albert Chau.

Water treatment equipment supplier’s follow-on public offering

Winston & Strawn represented Duoyuan Global Water Inc in a US$98.8 million ($HK761.1 million) follow-on public offering of 3.5 million American Depositary Shares (ADSs), representing 7 million ordinary shares, at a price of US$29.50 (HK$299.12) per ADS. Duoyuan Global Water Inc is a leading China-based domestic water treatment equipment supplier. Partner Simon Luk led Winston’s team.

First Hong Kong IPO by a Chinese property developer in 2010

Paul, Hastings, Janofsky & Walker, has advised China SCE Property Holdings Ltd, a PRC property developer based in Fujian Province, on its US$200 million (HK$1.55 billion) Hong Kong IPO. This marks the first successful IPO by a Chinese property developer in Hong Kong this year. The offering comprised a Hong Kong public offering and an international offering under Reg S/Rule 144A. Deutsche Bank AG, Hong Kong Branch, CCB International Capital Ltd and Macquarie Capital Securities Ltd acted as bookrunners and joint lead managers on the offering. The team was led by by Raymond Li and Sammy Li and assisted by associates Christina Loh and Zoe Lau.