Demands to remove the copycat item were ignored, say makers of Weisen-U
The manufacturers of the popular stomach remedy Weisen-U have launched a damages claim against several Hong Kong companies, accusing them of selling a copycat product.
In a High Court writ filed yesterday, manufacturers Shigaken Pharm. Ind and Kin Fung (Weisen-U) said they had become aware of the infringing products when customers contacted them in July and August asking if the product's packaging had been changed.
An investigator was asked to go to several pharmacies and ask for Weisen-U, which was invented in 1959. A salesman asked the investigator if she wanted the one 'with the new packaging'. A bottle of the infringing product was handed over. The bogus product was also provided at several other stores.
The Weisen-U manufacturers said they had been advertising and promoting the medicine in Hong Kong since 1960.
The makers have attached a schedule to the writ citing the expenses they have incurred in the promoting the genuine product.
'By reason of the continuous and extensive sale and marketing over the years, the plaintiffs have built up and own a valuable goodwill,' the writ says.
'Since a date unknown, the defendants have offered for sale, sold and distributed a stomach remedy ... [called] 'Retolin with U' and in deceptively similar get-up as that of the plaintiffs.'
Weisen-U's manufacturers claim legal letters asking that the infringing product be withdrawn have been ignored.
They are seeking an undisclosed amount of damages as well as an injunction to restrain the defendants from passing off a stomach remedy similar to the Weisen-U name and packaging.
The delivery and destruction of all infringing products, labels and articles is also being sought.
The defendants named in the writ are Wong Sau-fa and Elizabeth Chin Yee-lee, trading as Central Universe Medicine and Health Care; and Tsoi Wai-ching and Choi So-ching, trading as Chung Kwok Herbs Hong.
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