GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

The Master awarded conversion damages for Super Mellow Mijiu equal to the market value of infringing sales (HKD 7,456,426.70), supplementary copyright damages (HKD 250,000) and additional damages (HKD 100,000); for Shiwan Mijiu awarded copyright damages (HKD 1,500,000) and additional damages (HKD 500,000); declined a separate award for inducement to avoid double recovery; ordered interest at judgment rate from 19 November 1998 and costs of the assessment to plaintiffs.

Citation
GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
Parties
Plaintiff (original Action and Counterclaim): Guangdong Foodstuffs Import & Export (Group) Corporation; 2nd Plaintiff: Yau Shing Hong Provisions Limited; 1st Defendant: Tung Fook Chinese Wine (1982) Co. Ltd.; 2nd Defendant: Shiwan Brewery of Foshan City in Guangdong Province; 2nd Defendant (hca 11061/95) and Defendant by Counterclaim: China Resources Advertising & Exhibition Co. Ltd.; Defendant by Counterclaim: Chung Tai Wine & Spirit Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 January 2000
Case Number
HCA7759/1995
Procedural Posture
Civil Intellectual Property (passing Off, Copyright, Conversion, Related Torts) / Assessment of Damages Post Judgment (master's Assessment Following Cheung J's Judgment Dated 19 November 1998)
Outcome
Damages awarded to plaintiffs in specified sums; interest and costs ordered; no separate award for inducement to avoid double recovery.
Legal Topics
Assessment of Damages, Account of Profits, Additional Damages, Measure of Conversion Damages, Double Recovery, Interest and Costs
Source Language
EN
Intellectual Property Passing Off Copyright Conversion Breach of Fiduciary Duty Breach of Contract Trade Libel Tort of Inducement +6 more

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Parties

Guangdong Foodstuffs Import & Export (Group) Corporation

Plaintiff (original Action and Counterclaim)

Yau Shing Hong Provisions Limited

2nd Plaintiff

Tung Fook Chinese Wine (1982) Co. Ltd.

1st Defendant

Shiwan Brewery of Foshan City in Guangdong Province

2nd Defendant

China Resources Advertising & Exhibition Co. Ltd.

2nd Defendant (hca 11061/95) and Defendant by Counterclaim

Chung Tai Wine & Spirit Company Limited

Defendant by Counterclaim

Procedural Posture

Civil Intellectual Property (passing Off, Copyright, Conversion, Related Torts) / Assessment of Damages Post Judgment (master's Assessment Following Cheung J's Judgment Dated 19 November 1998)

Legal Issues

  1. 1 Whether plaintiffs entitled to damages for passing off and/or an account of profits
  2. 2 Measure of damages for passing off: loss of profits v account of defendant's profits
  3. 3 Appropriate assessment of copyright damages where plaintiff does not license

Ratio Decidendi

The Master awarded conversion damages for Super Mellow Mijiu equal to the market value of infringing sales (HKD 7,456,426.70), supplementary copyright damages (HKD 250,000) and additional damages (HKD 100,000); for Shiwan Mijiu awarded copyright damages (HKD 1,500,000) and additional damages (HKD 500,000); declined a separate award for inducement to avoid double recovery; ordered interest at judgment rate from 19 November 1998 and costs of the assessment to plaintiffs.

Court Disposition

Damages awarded to plaintiffs in specified sums; interest and costs ordered; no separate award for inducement to avoid double recovery.

Orders

  • Award to Guangdong Foodstuffs: HKD 7456426.70 (conversion damages for Super Mellow Mijiu)
  • Award to Guangdong Foodstuffs: HKD 250000 (copyright damages for Super Mellow Mijiu)