CAPCOM CO LTD AND ANOTHER v. SO MEI YING

CAPCOM CO LTD AND ANOTHER v. SO MEI YING

Claim dismissed because plaintiffs failed to prove goodwill in Hong Kong attaching to the subject guide books and failed to prove any misrepresentation by defendants; evidence was insufficient to show distinctive get-up or public attribution to Capcom/Capcom Asia, and where sale was contested the court found sale only in one contested instance but that did not establish passing-off overall.

Citation
CAPCOM CO LTD AND ANOTHER v. SO MEI YING
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; Defendants: Various newspaper stall operators and owners (13 defendants)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2497/2006
Procedural Posture
Civil Passing Off Action / Judgment After Trial
Outcome
Plaintiffs' claims dismissed against all defendants except those in settled actions
Legal Topics
Passing Off, Goodwill, Misrepresentation, Denial of Sale, Costs
Source Language
EN
Intellectual Property Passing Off Trade Mark Copyright Civil Procedure Goodwill Misrepresentation Denial of Sale +1 more

Case Brief

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Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

Various newspaper stall operators and owners (13 defendants)

Defendants

Procedural Posture

Civil Passing Off Action / Judgment After Trial

Legal Issues

  1. 1 Whether plaintiffs established goodwill in the subject strategy guide books in Hong Kong
  2. 2 Whether defendants made a misrepresentation likely to deceive the public
  3. 3 Which corporate entity (Capcom or Capcom Asia) held any relevant goodwill

Ratio Decidendi

Claim dismissed because plaintiffs failed to prove goodwill in Hong Kong attaching to the subject guide books and failed to prove any misrepresentation by defendants; evidence was insufficient to show distinctive get-up or public attribution to Capcom/Capcom Asia, and where sale was contested the court found sale only in one contested instance but that did not establish passing-off overall.

Court Disposition

Plaintiffs' claims dismissed against all defendants except those in settled actions

Orders

  • Actions HCA 2493/2006, HCA 2494/2005, HCA 2501/2006 and HCA 2502/2006 are settled and excluded from this judgment
  • Judgment dismissing plaintiffs' claims against the remaining defendants