MGM RESORTS INTERNATIONAL AND OTHERS v. MGM INTERNATIONAL HOTEL GROUP LTD

MGM RESORTS INTERNATIONAL AND OTHERS v. MGM INTERNATIONAL HOTEL GROUP LTD

Because the defendant failed to file opposing evidence and did not appear, and because the corporate defendant sought adjournment without proper leave or representation, the court refused the adjournment, treated the defendant as absent and was entitled to proceed with the summary judgment application.

Citation
MGM RESORTS INTERNATIONAL AND OTHERS v. MGM INTERNATIONAL HOTEL GROUP LTD
Parties
Applicant: 1st plaintiff; Co Applicant: 2nd plaintiff; Co Applicant: 3rd plaintiff; Respondent: defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2015
Case Number
HCA2092/2013
Procedural Posture
Summary Judgment Trademark Infringement and Passing Off / Application Hearing for Summary Judgment; Defendant Absent
Outcome
Adjournment refused; defendant treated as absent; court proceeded with the summary judgment application.
Legal Topics
Summary Judgment, Infringement of Trademarks, Corporate Representation, Adjournment Applications
Source Language
EN
Intellectual Property Trademarks Passing Off Civil Procedure Summary Judgment Infringement of Trademarks Corporate Representation Adjournment Applications

Case Brief

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Parties

1st plaintiff

Applicant

2nd plaintiff

Co Applicant

3rd plaintiff

Co Applicant

defendant

Respondent

Procedural Posture

Summary Judgment Trademark Infringement and Passing Off / Application Hearing for Summary Judgment; Defendant Absent

Legal Issues

  1. 1 Whether summary judgment should be granted on claims of trademark infringement and passing off
  2. 2 Whether the defendant's late request for adjournment by letter could be entertained when the corporate defendant was unrepresented and absent
  3. 3 Whether the defendant's failure to file opposing affirmation or appear permits the court to treat it as absent and proceed

Ratio Decidendi

Because the defendant failed to file opposing evidence and did not appear, and because the corporate defendant sought adjournment without proper leave or representation, the court refused the adjournment, treated the defendant as absent and was entitled to proceed with the summary judgment application.

Court Disposition

Adjournment refused; defendant treated as absent; court proceeded with the summary judgment application.

Orders

  • Adjournment application refused
  • Defendant treated as absent