Yakult maker sues rival firm over claims of copycat branding

The maker of Yakult yoghurt drinks began a legal battle yesterday to stop a rival company from selling similar products in Hong Kong.

The competing product, called 'Yakudo', went on sale recently in Shanghai, and its manufacturer is alleged to have plans to sell it in Hong Kong.

The suit was brought by the Japanese dairy-product giant Kabushiki Kaisha Yakult Honsha, Yakult in Taiwan and Hong Kong Yakult, who claim they are the rightful manufacturers and distributors of the Yakult yoghurt drink. The defendant is Hong Kong-based Yakudo Group Holdings and its managing director and general manager, Lee Tao-kuang.

Mr Lee and his family own 25 per cent of the shares in Yakult in Taiwan. He is the eldest son of a former president of Yakult.

Barrister Andrew Liao Cheung-sing SC asked Mr Justice Johnson Lam Man-hon in the Court of First Instance to grant an injunction to prevent the defendants from infringing the Yakult trademark and taking advantage of their goodwill and reputation by selling their product in Hong Kong.

Mr Liao said the defendants intended to sell their drinks in Hong Kong in a bottle that is identical in size and shape to the distinctive Yakult bottles. This is calculated to deceive or confuse the public into the belief that the Yakudo company was in some way connected with the plaintiffs, he said.