MAK KAI SHUN v. XU QING HAI AND ANOTHER

MAK KAI SHUN v. XU QING HAI AND ANOTHER

The registered design was valid and subsisting and the defendants' product was a virtually identical reproduction with evidence of direct copying and admissions of manufacture and sale; the defendants failed to file affidavit evidence or plead and prove the statutory s.51(1) defence or any triable issue under O.14;...

Source-derived case information.

Citation
MAK KAI SHUN v. XU QING HAI AND ANOTHER
Parties
Plaintiff and Assignee of Registered Design: 1st Plaintiff; Plaintiff, Original Proprietor and Exclusive Licensee Producing 'the Magic Drawing Board' (items 828 and 828 A): 2nd Plaintiff; 1st Defendant; Recorded Sole Proprietor of Kalee Trading Co.; Manufacturer Via Mainland Factory: 1st Defendant (Xu Qing Hai); 2nd Defendant; Employee/agent of Kalee Trading Co.; Person Who Offered Infringing Goods for Sale and Supplied Samples: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2000
Case Number
HCA312/2000
Procedural Posture
Registered Design Infringement; Summary Judgment Application Under Order 14 R1 / Judgment on Summary Judgment Application (o.14)
Outcome
Judgment for the Plaintiffs on summary judgment
Legal Topics
Registered Design Infringement, Injunction, Account of Profits, Assignment and Licensing, Summary Judgment
Source Language
en
Intellectual Property Design Law Civil Procedure Registered Design Infringement Injunction Account of Profits Assignment and Licensing Summary Judgment

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Parties

1st Plaintiff

Plaintiff and Assignee of Registered Design

2nd Plaintiff

Plaintiff, Original Proprietor and Exclusive Licensee Producing 'the Magic Drawing Board' (items 828 and 828 A)

1st Defendant (Xu Qing Hai)

1st Defendant; Recorded Sole Proprietor of Kalee Trading Co.; Manufacturer Via Mainland Factory

2nd Defendant

2nd Defendant; Employee/agent of Kalee Trading Co.; Person Who Offered Infringing Goods for Sale and Supplied Samples

Procedural Posture

Registered Design Infringement; Summary Judgment Application Under Order 14 R1 / Judgment on Summary Judgment Application (o.14)

Legal Issues

  1. 1 Whether the defendants infringed UK registered design No.1008889
  2. 2 Whether the registered design was valid and subsisting
  3. 3 Whether defendants raised a triable issue to defeat summary judgment

Ratio Decidendi

The registered design was valid and subsisting and the defendants' product was a virtually identical reproduction with evidence of direct copying and admissions of manufacture and sale; the defendants failed to file affidavit evidence or plead and prove the statutory s.51(1) defence or any triable issue under O.14; accordingly summary judgment was entered for the plaintiffs.

Court Disposition

Judgment for the Plaintiffs on summary judgment

Orders

  • Judgment entered for the Plaintiffs