Sun Microsystems is famous on its sale of computer hardware, software, network servers and accessories. It also provides services to businesses helping them to provide business on the Internet. In short, it is a network and Internet solutions service providers.
The Defendant belongs to a group of companies which involves mainly in the hotel industry. The Defendant acquired substantial interests in the TV business called HKATV.com Limited in 2000. It later changed its name to eSun Holdings Limited and used the domain name eSun.com for its media and entertainment business online.
Sun Microsystem commenced proceedings against the Defendant and applied for an interlocutory injunction against the Defendant retraining the Defendant from use of the domain name eSun.com.
Held by Deputy Judge Gill:
Interlocutory injunction was refused. According to the Court, for all its size and strength in the market place as a supplier of computer hardware, software and solutions, Sun Microsystems is not a provider of content in the fields of media and entertainment. And that is precisely what, and the sum total of what Lai Sun, the Defendant is proposing to be involved in. The Court therefore concluded that a prospective future customer of Lai Sun's proposed activity in media and entertainment operating under its intended name is most unlikely to be under the misapprehension he is enjoying the benefit of a Sun Microsystems' production.