Islam Food prides itself on what it claims is its signature beef bun, so a restaurant was irate when it found another establishment was allegedly using a similar name and attempting to pass it off as the same bun.
The restaurant in question, Halal Food, agreed to stop the practice, but this week Islam Food filed a writ against Halal Food in the High Court. It is claiming unspecified damages, an inquiry on damages or an account of Halal Food's profits in respect of the passing off and trademark infringement, and other relief.
Halal Food agreed to make changes to its trademark, the name of an outlet, and its trade name and signed a letter agreeing to stop using Islam Food's trade name and trademark in December, the filing said.
Halal Food's actions had been 'calculated to injure [Islam Food's] goodwill and business before [its] trademark was changed' and Islam Food had 'suffered from loss and damage accordingly', the filing said.
Islam Food claims that Halal Food's trade name, 'Islam Beef Bun' in Chinese characters, was similar to its trade name and that the rival had incorporated a distinctive part of its trademark in its designs.
Islam Food was established around 1950 and started operation in Kowloon City in the 1980s. 'With 60 years of catering experience, our philosophy is to serve delicious and high-quality Halal food to our customers,' its website says.