CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

Plaintiffs failed to prove goodwill in Hong Kong attached to the subject strategy guide books or to Capcom Asia, and failed to prove misrepresentation; therefore the passing-off claim is dismissed (despite finding that the defendant in HCA 2492/2006 did sell the books).

Citation
CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants: Defendants (13 newspaper stall operators/owners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2500/2006
Procedural Posture
Civil Passing Off / Judgment After Trial
Outcome
Plaintiffs' claims dismissed (except in settled actions)
Legal Topics
Passing Off, Goodwill, Misrepresentation, Damages, Costs
Source Language
EN
Intellectual Property Passing Off Trade Marks Copyright Law Civil Litigation Goodwill Misrepresentation Damages +1 more

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Parties

Capcom Company Limited

1st Plaintiff

Capcom Asia Company Limited

2nd Plaintiff

Defendants (13 newspaper stall operators/owners)

Defendants

Procedural Posture

Civil Passing Off / Judgment After Trial

Legal Issues

  1. 1 Whether plaintiffs established goodwill in Hong Kong in respect of the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation leading to confusion that plaintiff produced the guide books
  3. 3 Whether plaintiffs suffered or were likely to suffer damage to goodwill

Ratio Decidendi

Plaintiffs failed to prove goodwill in Hong Kong attached to the subject strategy guide books or to Capcom Asia, and failed to prove misrepresentation; therefore the passing-off claim is dismissed (despite finding that the defendant in HCA 2492/2006 did sell the books).

Court Disposition

Plaintiffs' claims dismissed (except in settled actions)

Orders

  • Claims dismissed against all defendants except those in settled actions
  • Costs to be paid by the plaintiffs to the respective defendants (except those in settled actions) to be taxed if not agreed