M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS

M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS

Application for interlocutory injunction dismissed because plaintiffs materially changed their pleaded case late (introducing joint authorship) without an amended pleading, causing prejudice to defendants who had no proper opportunity to answer; consequently court could not grant injunction though undertakings re trade marks were accepted and an early trial and directions were ordered.

Citation
M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS
Parties
1st Plaintiff: M.G.X. ASIA LIMITED; 2nd Plaintiff: XENA IP HOLDINGS LIMITED; 1st Defendant: CHINA WAY GLOBAL COMPANY LIMITED; 2nd Defendant: WONG CHI WAI; 3rd Defendant: LO SUK LING; 4th Defendant: WONG CHING TAT trading as KOVIX PRODUCTS SUPPLIES COMPANY; 5th Defendant: KENNETH KWOK CHAK LING; 6th Defendant: CHEUNG WAI MING also known as MICHAEL W. M. CHEUNG; 7th Defendant: SHING HING TRADING (HONG KONG) COMPANY LIMITED; 8th Defendant: KOVIX PRODUCTS SUPPLIES COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2014
Case Number
HCA2001/2013
Procedural Posture
Civil Action Intellectual Property (trade Marks and Copyright) / Interlocutory Application/decision
Outcome
Application dismissed
Legal Topics
Authorship, Joint Authorship, Ownership of Copyright, Trade Mark Infringement, Interlocutory Relief, Balance of Convenience, Pleading Amendment, Early Trial Directions, Undertakings
Source Language
EN
Intellectual Property Trade Mark Copyright Injunction Civil Procedure Authorship Joint Authorship Ownership of Copyright +6 more

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Parties

M.G.X. ASIA LIMITED

1st Plaintiff

XENA IP HOLDINGS LIMITED

2nd Plaintiff

CHINA WAY GLOBAL COMPANY LIMITED

1st Defendant

WONG CHI WAI

2nd Defendant

LO SUK LING

3rd Defendant

WONG CHING TAT trading as KOVIX PRODUCTS SUPPLIES COMPANY

4th Defendant

KENNETH KWOK CHAK LING

5th Defendant

CHEUNG WAI MING also known as MICHAEL W. M. CHEUNG

6th Defendant

SHING HING TRADING (HONG KONG) COMPANY LIMITED

7th Defendant

KOVIX PRODUCTS SUPPLIES COMPANY LIMITED

8th Defendant

Procedural Posture

Civil Action Intellectual Property (trade Marks and Copyright) / Interlocutory Application/decision

Legal Issues

  1. 1 Who is the author and owner of the copyright in the lock design drawings
  2. 2 Whether plaintiffs established a serious issue to be tried for an interlocutory injunction
  3. 3 Whether plaintiffs' late change to a joint authorship case prejudices defendants

Ratio Decidendi

Application for interlocutory injunction dismissed because plaintiffs materially changed their pleaded case late (introducing joint authorship) without an amended pleading, causing prejudice to defendants who had no proper opportunity to answer; consequently court could not grant injunction though undertakings re trade marks were accepted and an early trial and directions were ordered.

Court Disposition

Application dismissed

Orders

  • Application for interlocutory injunction dismissed
  • Offer/undertaking in respect of trade mark infringement accepted by the court