ATARI INCORPORATED AND OTHERS v. SOUNDIC ELECTRONICS LTD AND OTHERS

ATARI INCORPORATED AND OTHERS v. SOUNDIC ELECTRONICS LTD AND OTHERS

On the affidavits and demonstrations, the plaintiffs showed a good prospect of success because the defendants produced a fundamentally identical game on screen despite using different circuitry; the plaintiffs' idea had been reduced to material form in the ROM and the screen image and thus may attract copyright; applying American Cyanamid the balance of convenience favoured maintaining the status quo and granting interim injunctions and ancillary freezing and disclosure orders.

Citation
ATARI INCORPORATED AND OTHERS v. SOUNDIC ELECTRONICS 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
HCA5984/1982
Procedural Posture
Civil Copyright and Passing Off (interim Injunction) / Interlocutory Application for Interim Injunctions and Ancillary Relief
Outcome
Interim interlocutory injunctions granted in favour of the plaintiffs; costs awarded to plaintiffs in the cause.
Legal Topics
Video Games, Computer Software/rom, Idea Vs Expression, Material Form, American Cyanamid Test, Interim Injunctions
Source Language
EN
Copyright Intellectual Property Civil Procedure Passing Off Unfair Competition Video Games Computer Software/rom Idea Vs Expression +3 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) / Interlocutory Application for Interim Injunctions and Ancillary Relief

Legal Issues

  1. 1 Whether there is a serious issue to be tried on copyright in the PAC-MAN video game
  2. 2 Whether the game idea has been reduced to a material form (ROM and/or screen image) subject to copyright
  3. 3 Whether defendants copied the plaintiffs' expression or merely the idea

Ratio Decidendi

On the affidavits and demonstrations, the plaintiffs showed a good prospect of success because the defendants produced a fundamentally identical game on screen despite using different circuitry; the plaintiffs' idea had been reduced to material form in the ROM and the screen image and thus may attract copyright; applying American Cyanamid the balance of convenience favoured maintaining the status quo and granting interim injunctions and ancillary freezing and disclosure orders.

Court Disposition

Interim interlocutory injunctions granted in favour of the plaintiffs; costs awarded to plaintiffs in the cause.

Orders

  • Interim injunctions restraining defendants from infringing plaintiffs' alleged copyright in the PAC-MAN game
  • Prohibition on defendants disposing of any allegedly infringing articles in their possession (freezing of status quo)