ATARI INCORPORATED AND OTHERS v. VIDEO TECHNOLOGY LTD AND OTHERS

ATARI INCORPORATED AND OTHERS v. VIDEO TECHNOLOGY LTD AND OTHERS

On the affidavit evidence the plaintiffs demonstrated a serious issue to be tried because the Pac-Man game had been reduced to material form (the ROM and the screen images/movements) and could be the subject of copyright; the balance of convenience favored plaintiffs given the short commercial life of the product and potential irreparable harm, therefore an interim injunction, freezing of offending articles, disclosure affidavits and costs to plaintiffs were ordered.

Citation
ATARI INCORPORATED AND OTHERS v. VIDEO TECHNOLOGY LTD AND OTHERS
Parties
Plaintiff: Atari Incorporated; Plaintiff: Atari Far East Limited; Plaintiff: Atari Wong Limited; Defendant: Video Technology Limited; Defendant: Stephen Leung Yim Wah; Defendant: Allan Wong; Defendant: To Cheuck Wah; Defendant: Bosco Ho Hin Wun; Defendant: Soundic Electronics Limited; Defendant: Ho Hon Yin; Defendant: Au Yan Din; Defendant: Lam Chung Kiu; Defendant: Yam Shiu Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 1982
Case Number
HCA5980/1982
Procedural Posture
Civil Copyright and Passing Off (interim Injunction Applications) / Interlocutory (interim) Injunction Hearing
Outcome
Interim injunction granted
Legal Topics
Interim Injunction, Idea Expression Dichotomy, Material Form, Computer Software/rom Protection, Video Games, American Cyanamid Test, Balance of Convenience, Freezing Status Quo
Source Language
EN
Intellectual Property Copyright Civil Procedure Passing Off Interim Injunction Idea Expression Dichotomy Material Form Computer Software/rom Protection +4 more

Case Brief

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Parties

Atari Incorporated

Plaintiff

Atari Far East Limited

Plaintiff

Atari Wong Limited

Plaintiff

Video Technology Limited

Defendant

Stephen Leung Yim Wah

Defendant

Allan Wong

Defendant

To Cheuck Wah

Defendant

Bosco Ho Hin Wun

Defendant

Soundic Electronics Limited

Defendant

Ho Hon Yin

Defendant

Au Yan Din

Defendant

Lam Chung Kiu

Defendant

Yam Shiu Wah

Defendant

Procedural Posture

Civil Copyright and Passing Off (interim Injunction Applications) / Interlocutory (interim) Injunction Hearing

Legal Issues

  1. 1 Whether plaintiffs have copyright in the Pac-Man video game
  2. 2 Whether the game is an idea only or has been reduced to a material form protectable by copyright
  3. 3 Whether ROM contents and the image/movement produced on a television screen can constitute a material form

Ratio Decidendi

On the affidavit evidence the plaintiffs demonstrated a serious issue to be tried because the Pac-Man game had been reduced to material form (the ROM and the screen images/movements) and could be the subject of copyright; the balance of convenience favored plaintiffs given the short commercial life of the product and potential irreparable harm, therefore an interim injunction, freezing of offending articles, disclosure affidavits and costs to plaintiffs were ordered.

Court Disposition

Interim injunction granted

Orders

  • Interim interlocutory injunction restraining defendants from infringing plaintiffs' copyright in Pac-Man
  • Defendants restrained from disposing of any allegedly infringing articles in their possession