Top

Hong Kong court grants trademark injunction against Huobi

Policy & Regulation·December 13, 2023, 1:26 AM

The Hong Kong Special Administrative Region High Court has resolved a trademark dispute between X-Spot Global Limited and Huobi Global Limited, ruling in favor of X-Spot.

Back in June, X-Spot alleged that Huobi Global infringed on its trademark rights related to the “Huobi” name. In the legal process which followed, the court sided with X-Spot, compelling Huobi Global to cease using the “Huobi” trademark or any similar name or logo in Hong Kong.

Photo by Tingey Injury Law Firm on Unsplash

 

Potential confusion

The court’s official judgment highlighted concerns about potential confusion among the public and industry professionals arising from Huobi Global’s use of the “Huobi” trademarks. It emphasized that such confusion could lead people to believe that X-Spot Global, as the registered trademark owner, is actively engaged in cryptocurrency business associated with the trademark. In response, the court dismissed Huobi Global’s plea to revoke the service order and halt negotiations, also instructing the covering of X-Spot Global’s legal expenses.

 

Post-acquisition conflict

The background to this dispute originates in the acquisition of Huobi Global last year. It’s widely believed that TRON blockchain network founder Justin Sun purchased the exchange for $1 billion although Sun has subsequently suggested that he is just an advisor to the crypto exchange business. The acquisition was made by About Capital Management, an entity associated with the controversial crypto entrepreneur.

In May of this year, Sun claimed that Wei Li, a brother of Huobi founder Leon Li, had unjustly profited from the sale of Huobi’s native HT token. The disagreement escalated and as a consequence of that conflict, it became apparent that the acquisition agreement explicitly prohibited the buyer from using the “Huobi’’ trademark.

Leon Li accused the cryptocurrency exchange of violating the acquisition agreement’s rules by unauthorized use of the “Huobi” trademark. This legal battle has shed light on the strained relationship between Leon Li and Justin Sun.

The court’s decision adds a layer of complexity to Huobi Global’s legal challenges, intensifying existing regulatory issues. Notably, the cryptocurrency exchange is already grappling with a recent order from Malaysian authorities to cease operations in the country due to alleged illegal activities.

The ruling comes at a critical juncture for Huobi Global. In September the business rebranded to HTX, signaling aspirations for global expansion amidst a shifting legal landscape. At the time, Justin Sun provided the rationale behind the rebrand. Taking to the X social media platform, he wrote:

“It’s very hard for foreigners, Westerners, to pronounce ‘Huobi’… It doesn’t make any sense to them.” Sun went on to explain that the word Huobi means fire and coin in Chinese, adding, “That’s why we rebranded as HTX for international branding.”

In light of this trademark infringement injunction decision, it could equally be speculated that the company was acting in advance of an unfavorable ruling in compliance with the terms of the business acquisition agreement.

In reaching a decision on the matter, Judge Mimmie Chan J noted the lack of a defense mounted by Huobi against the trademark infringement action.

More to Read
View All
Web3 & Enterprise·

Jun 02, 2023

First Digital to Introduce USD-Backed USD Stablecoin

First Digital to Introduce USD-Backed USD StablecoinFirst Digital Trust, a Hong Kong-based qualified custodian and trust company, is set to introduce a new stablecoin called “First Digital USD,” with the short-code $FDUSD. This stablecoin will be pegged to the US dollar but regulated within Asia.Photo by Alexander Grey on UnsplashIntroducing $FDUSDAccording to First Digital, $FDUSD will be backed by one US dollar or an asset of equivalent fair value on a one-to-one basis. The reserves supporting FDUSD will be held in segregated accounts at institutions in Asia.$FDUSD aims to provide stability and will be programmable, enabling the execution of financial contracts, escrow services, and insurance without the need for intermediaries. In a statement published on Thursday, First Digital emphasized its commitment to full compliance with current and future laws and regulations. The company also expressed its intention to participate in shaping the regulatory landscape for $FDUSD and First Digital itself.The announcement of $FDUSD is particularly significant in light of the new “Guidelines for Virtual Asset Trading Platform Operators” set to take effect in Hong Kong on June 1. These guidelines outline rules for safe asset custody, client asset segregation, conflict of interest avoidance, and cybersecurity standards, as mandated by Hong Kong’s Securities and Futures Commission (SFC).Hosted on BNB Smart ChainFDUSD will operate on the BNB Smart Chain and will be issued by First Digital Labs, a subsidiary of First Digital Trust, a regulated digital asset custodian under the Hong Kong Trustee Ordinance. The law ensures that $FDUSD will be fully backed by US dollar reserves or highly liquid, high-quality assets held in regulated Asian financial institutions, with no commingling with other assets of First Digital.Vincent Chok, CEO of First Digital, emphasized the company’s commitment to regulatory compliance and setting a new standard for legitimacy in the industry. First Digital intends to comply with all applicable laws and regulations and actively contribute to the shaping of regulatory regimes for $FDUSD and First Digital in the future.The $FDUSD stablecoin will be redeemable for US dollars, providing users with a reliable bridge between the digital and fiat currencies.Biden administration's own goalAs regulatory uncertainty persists in the United States, some industry players are expressing concerns about losing the country’s leadership position in the crypto sector. They warn that the industry may be offshore to more favorable jurisdictions.News of First Digital Trust’s US dollar stablecoin intentions brought scathing criticism of US policy from US commentators within the crypto space. Austin Campbell, Managing Partner at Zero Knowledge Consulting, a firm that advises on crypto payments and stablecoins, stated that the US government and US regulators had created a paradigm where they now have less control over distribution and regulation while the product they were suppressing continues to exist and scales elsewhere.Nic Carter, Partner at venture capital firm Castle Island Ventures, wrote that “the wise sages in US government took one look at the onshore registered stablecoin market and decided they’d much prefer unaccountable offshore crypto-eurodollars.”Macro-economist Luke Gromen described this consequence of US policy as the “monetary equivalent of deciding they would prefer making their goods in China rather than paying US workers and deal with union labor.” Meanwhile, Caitlin Long, Founder and CEO of digital asset-focused Custodia Bank, suggested that US federal regulators “thought they could kill USD stablecoins” but that “they miscalculated.”

news
Policy & Regulation·

May 08, 2023

Henan Province Establishes Metaverse Fund

Henan Province Establishes Metaverse FundAn administrative body within China’s Henan Province has established a 150 million yuan ($21.7 million) private equity investment fund which will be centered on financing metaverse-related projects.In a social media post on Thursday, the Assets Supervision and Administration Commission of Henan, a state-owned body, said that the fund had been created last month. The objective of the fund is to promote the development of the virtual reality and metaverse sectors. Specifically, the agency wants to bring about the development of “internationally competitive digital industrial clusters.”Photo by Jéan Béller on UnsplashA metaverse strategyLast year, Henan province administrators released a plan, setting out the objective of achieving a local metaverse industry reaching a level of 30 billion yuan by 2025. The plan was titled “Henan’s metaverse industry development plan for the years 2022 to 2025.” Its authors set out the objective of creating an industrial metaverse, an energy metaverse, an education metaverse and a virtual human metaverse.Henan is one of a number of regions vying to capture the upside in terms of the promise of the development of innovation relative to the metaverse. Earlier in 2022 local government in Shanghai set out to establish an industry fund of 10 billion yuan (approximately $1.4 billion) in assets, focused purely upon metaverse-centric development and innovation.Earlier this year, a delegate attending one of the city’s most influential yearly political meetings called for efforts to be made to provide for adequate regulation to enable further metaverse development and effective supervision of the space.The Beijing-based and state-backed China Computer Industry Association (CCIA) also took an interest last year, forming a metaverse committee to draft industry standards. It too planned to establish a 1 billion yuan fund, while aspiring to help other regional authorities establish a blueprint to progress the industry.Not to be outdone, Hubei province’s Wuhan and Anhui administrative areas made a pledge to boost metaverse development over the course of the next five years. Within the Wuhan administrative area, city officials are said to be aiming to integrate the metaverse, cloud computing and blockchain into the conventional, real economy.Opposing viewsIt’s curious to note that when it comes to decentralized blockchain and cryptocurrency, China has been vehemently opposed to their development within its borders. In September 2021, the country banned cryptocurrency transactions. Prior to that, it had implemented a ban on cryptocurrency mining activity, forcing the large miners that had long since established there to move overseas.It’s difficult to see how it can be positive relative to the metaverse when a metaverse depends on the use of blockchain technology. To confuse matters further, over the course of the past six months, it seems to have given a mandate to the autonomous territory of Hong Kong to open its doors in facilitating the crypto and blockchain sector in total contrast to the stance taken within mainland China.Recently compiled industry and market research suggests that the metaverse industry in China is expected to grow by 39.5% in 2023, with the space having experienced significant growth in the country over the course of Q3 and Q4, 2022.

news
Policy & Regulation·

Oct 14, 2023

Further Trials Required Before Determination of eHKD Launch Date

Further Trials Required Before Determination of eHKD Launch DateThe Hong Kong Monetary Authority (HKMA) is taking a cautious approach to the launch of its retail central bank digital currency (CBDC), the e-HKD, stating that it will only go live once key stakeholders have gained sufficient experience to compete effectively in the payment sector.Photo by Jimmy Chan on PexelsAwaiting greater clarityIn an interview with the South China Morning Post (SCMP) earlier this week, Eddie Yue, CEO of the HKMA, revealed that initial experiments with e-HKD have shown promise, but the central bank is still waiting for greater clarity on technological, legal, and societal aspects. The CBDC trial began in May, involving 16 commercial banks, payment providers, and gross settlement platform Ripple, with a focus on exploring various use cases.Yue emphasized that they are still in the early stages of the trial process. The central question remains finding a use case that outperforms current retail payment methods in terms of safety, speed, or convenience.Programmable paymentsAmong the use cases explored in the pilot, programmable payments have stood out. This functionality allows consumer funds to be restricted for specific purposes. Bank of China (Hong Kong) has been at the forefront of this study, allowing select users to make payments using the test CBDC.The potential applications of the CBDC extend to tokenized deposits and tokenized assets, the aspect of the project which Ripple has involved itself with. The HKMA has shown interest in tokenization, especially after the successful completion of Project Evergreen, a blockchain-based bond issuance project.While the domestic use of the CBDC faces challenges, the HKMA is actively considering its role in cross-border payments. The HKMA has been involved in the Bank for International Settlements (BIS) mBridge pilot, which is expected to release a minimum viable product (MVP) by 2024. It’s working alongside the Bank of Thailand and the central bank of the United Arab Emirates (UAE) on that project. Hong Kong and the UAE have been working towards strengthening financial cooperation in respect of crypto regulation.Following the achievements of the initial pilot, the HKMA is open to bringing in new participants. Rumors suggest that up to 20 central banks are closely monitoring the project’s developments.Collaboration with mainland ChinaRecent weeks have seen Hong Kong and China working on improving cross-border transactions. In July, it was announced that Chinese tourists visiting Hong Kong would be able to use their digital yuan wallets to pay for goods and services at select locations.Conversely, Hong Kong tourists visiting mainland China could use the digital yuan for retail transactions. A new upgrade will enable tourists to top up their digital yuan wallets using Hong Kong’s Faster Payment System (FPS) or major payment providers like Mastercard and Visa.While the exact launch date for e-HKD remains uncertain, the focus on practical use cases and technological advancements is expected to yield a robust and innovative CBDC for Hong Kong’s future. On the international front, the mBridge project is set to play a pivotal role in the broader adoption of CBDCs across borders, potentially revolutionizing global payment systems.

news
Loading