CREATIVE TECHNOLOGY LTD v. VIDEOCOM TECHNOLOGY LTD AND ANOTHER

CREATIVE TECHNOLOGY LTD v. VIDEOCOM TECHNOLOGY LTD AND ANOTHER

Given the plaintiff had obtained injunctions and judgment on passing off and trademark and the copyright claim did not involve sufficiently distinct or substantial separate costs, the court exercised its discretion to award the costs of the entire action to the plaintiff, including all costs reserved to date, rather than require separate taxation or further trial solely to decide copyright costs.

Citation
CREATIVE TECHNOLOGY LTD v. VIDEOCOM TECHNOLOGY LTD AND ANOTHER
Parties
Plaintiff: Creative Technology Limited; 1st Defendant: Videocom Technology Limited; 2nd Defendant: Techcom System Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 February 2003
Case Number
HCA1434/2002
Procedural Posture
Civil (passing Off, Trademark, Copyright) / Costs Determination Following Judgment
Outcome
Costs of the entire action awarded to the plaintiff, including all costs reserved to date; copyright cause of action remains outstanding; judgment previously entered for plaintiff on passing off and trademark.
Legal Topics
Costs, Anton Piller Order, Injunctions, Discontinuance, Judgment
Source Language
EN
Intellectual Property Trademark Law Copyright Passing Off Civil Procedure Remedies Costs Anton Piller Order +3 more

Case Brief

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Parties

Creative Technology Limited

Plaintiff

Videocom Technology Limited

1st Defendant

Techcom System Limited

2nd Defendant

Procedural Posture

Civil (passing Off, Trademark, Copyright) / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether costs of the entire action including reserved costs and costs relating to an Anton Piller order should be awarded to the plaintiff despite the copyright cause of action remaining outstanding
  2. 2 Whether the copyright claim is sufficiently separable in terms of costs to warrant a separate costs order or taxation
  3. 3 Whether the plaintiff may abandon the copyright claim after judgment on other causes and still recover costs for the entire action

Ratio Decidendi

Given the plaintiff had obtained injunctions and judgment on passing off and trademark and the copyright claim did not involve sufficiently distinct or substantial separate costs, the court exercised its discretion to award the costs of the entire action to the plaintiff, including all costs reserved to date, rather than require separate taxation or further trial solely to decide copyright costs.

Court Disposition

Costs of the entire action awarded to the plaintiff, including all costs reserved to date; copyright cause of action remains outstanding; judgment previously entered for plaintiff on passing off and trademark.

Orders

  • Costs of the entire action awarded to the plaintiff, including all costs reserved up to the date of the ruling.
  • Copyright cause of action remains outstanding; existing judgment and injunctions on passing off and trademark in favour of the plaintiff stand.