GLOBAL MARKETING ENTERPRISE (GME) LTD AND ANOTHER v. BLUE BOX INTERNATIONAL LTD

GLOBAL MARKETING ENTERPRISE (GME) LTD AND ANOTHER v. BLUE BOX INTERNATIONAL LTD

Triable issues exist as to subsistence of copyright in the claimed drawings, ownership of the copyright (possible competing claim by GolosWeisman Design and unclear employment/commission status), and whether the defendant independently created its product or copied a substantial part; therefore summary judgment was inappropriate and the summons is dismissed so the matters proceed to trial; costs ordered nisi in favour of the defendant on party and party basis.

Citation
GLOBAL MARKETING ENTERPRISE (GME) LTD AND ANOTHER v. BLUE BOX INTERNATIONAL LTD
Parties
1st Plaintiff: Global Marketing Enterprise (GME) Ltd.; 2nd Plaintiff: Sandbox Trading Limited; Defendant: Blue Box International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2016
Case Number
HCA1053/2015
Procedural Posture
Copyright Infringement and Passing Off / Order 14 Summary Judgment Application (chambers)
Outcome
Summons for summary judgment dismissed; matter to proceed to trial.
Legal Topics
Summary Judgment, Subsistence of Copyright, Ownership of Copyright, Infringement, Originality, Triable Issues
Source Language
EN
Copyright Intellectual Property Passing Off Civil Procedure Summary Judgment Subsistence of Copyright Ownership of Copyright Infringement +2 more

Case Brief

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Parties

Global Marketing Enterprise (GME) Ltd.

1st Plaintiff

Sandbox Trading Limited

2nd Plaintiff

Blue Box International Limited

Defendant

Procedural Posture

Copyright Infringement and Passing Off / Order 14 Summary Judgment Application (chambers)

Legal Issues

  1. 1 Whether copyright subsists in the Schedule 1 production drawings
  2. 2 Whether the plaintiffs own the copyright in those drawings
  3. 3 Whether the defendant’s product is an infringing copy (substantial part copied)

Ratio Decidendi

Triable issues exist as to subsistence of copyright in the claimed drawings, ownership of the copyright (possible competing claim by GolosWeisman Design and unclear employment/commission status), and whether the defendant independently created its product or copied a substantial part; therefore summary judgment was inappropriate and the summons is dismissed so the matters proceed to trial; costs ordered nisi in favour of the defendant on party and party basis.

Court Disposition

Summons for summary judgment dismissed; matter to proceed to trial.

Orders

  • Summons for summary judgment dismissed
  • Order nisi that the plaintiffs pay the defendant its costs forthwith on a party and party basis