CAPCOM CO LTD AND ANOTHER v. NG KING KUEN

CAPCOM CO LTD AND ANOTHER v. NG KING KUEN

Plaintiffs failed to prove requisite goodwill in Hong Kong in the subject strategy guide books and failed to prove misrepresentation; evidence was insufficient and therefore the passing-off claim was dismissed against all defendants (except settled actions); costs awarded to defendants to be taxed on a party-and-party basis.

Citation
CAPCOM CO LTD AND ANOTHER v. NG KING KUEN
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants (13): Various newspaper stall operators/owners
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2488/2006
Procedural Posture
Civil Action Passing Off (trial) / Judgment (court of First Instance)
Outcome
Plaintiffs' claims dismissed (except in the four settled actions)
Legal Topics
Goodwill, Misrepresentation, Get Up, Denial of Sale, Costs
Source Language
EN
Passing Off Trade Mark Copyright Civil Procedure Intellectual Property Goodwill Misrepresentation Get Up +2 more

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Parties

Capcom Company Limited

1st Plaintiff

Capcom Asia Company Limited

2nd Plaintiff

Various newspaper stall operators/owners

Defendants (13)

Procedural Posture

Civil Action Passing Off (trial) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether plaintiffs established goodwill/reputation in Hong Kong attached to the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation likely to cause the public to mistake the defendants' books for the plaintiffs' (passing-off)
  3. 3 Whether the denial-of-sale defendants had in fact sold or displayed the subject books

Ratio Decidendi

Plaintiffs failed to prove requisite goodwill in Hong Kong in the subject strategy guide books and failed to prove misrepresentation; evidence was insufficient and therefore the passing-off claim was dismissed against all defendants (except settled actions); costs awarded to defendants to be taxed on a party-and-party basis.

Court Disposition

Plaintiffs' claims dismissed (except in the four settled actions)

Orders

  • The plaintiffs shall pay the costs of these actions to the respective defendants (except those in the settled actions) to be taxed if not agreed
  • Costs are to be taxed on a party-and-party basis