KONSTAR INDUSTRIES LTD AND ANOTHER v. HUNG SANG METAL PLASTIC FACTORY LTD AND OTHERS

KONSTAR INDUSTRIES LTD AND ANOTHER v. HUNG SANG METAL PLASTIC FACTORY LTD AND OTHERS

Where reliable documentary evidence of defendants' infringing sales exists the court may attribute a proportion of those sales to the plaintiff as lost profits subject to a discount for other factors; price reduction and reputational loss are compensable; additional damages may be awarded (here 10%) for flagrancy...

Source-derived case information.

Citation
KONSTAR INDUSTRIES LTD AND ANOTHER v. HUNG SANG METAL PLASTIC FACTORY LTD AND OTHERS
Parties
1st Plaintiff: KONSTAR INDUSTRIES LTD.; 2nd Plaintiff: WONG YAN KWONG; 1st Defendant: HUNG SANG METAL PLASTIC FACTORY LTD.; 2nd Defendant: CHELLESEN INTERNATIONAL LTD.; 3rd Defendant: LEE SHEK TANG trading as KAM HOI TRADING COMPANY; 4th Defendant: LEE KA LAI; 5th Defendant: TANG LAN HING EVA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2004
Case Number
HCA1187/1998
Procedural Posture
Copyright Infringement / Assessment of Damages Pursuant to Consent Judgment
Outcome
Judgment for plaintiffs; damages awarded and costs and interest to plaintiffs; order nisi with liberty to apply within 14 days.
Legal Topics
Damages Assessment, Loss of Profits, Price Reduction, Reputation Damage, Additional Damages, Anton Piller Order
Source Language
en
Intellectual Property Copyright Commercial Law Damages Assessment Loss of Profits Price Reduction Reputation Damage Additional Damages +1 more

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Parties

KONSTAR INDUSTRIES LTD.

1st Plaintiff

WONG YAN KWONG

2nd Plaintiff

HUNG SANG METAL PLASTIC FACTORY LTD.

1st Defendant

CHELLESEN INTERNATIONAL LTD.

2nd Defendant

LEE SHEK TANG trading as KAM HOI TRADING COMPANY

3rd Defendant

LEE KA LAI

4th Defendant

TANG LAN HING EVA

5th Defendant

Procedural Posture

Copyright Infringement / Assessment of Damages Pursuant to Consent Judgment

Legal Issues

  1. 1 quantification of damages for copyright infringement
  2. 2 whether defendants' sales should be attributed to plaintiffs as lost profits
  3. 3 extent of price reduction attributable to infringement

Ratio Decidendi

Where reliable documentary evidence of defendants' infringing sales exists the court may attribute a proportion of those sales to the plaintiff as lost profits subject to a discount for other factors; price reduction and reputational loss are compensable; additional damages may be awarded (here 10%) for flagrancy and profit gained by infringement; apply common‑sense in causation and quantify by reference to defendants' records with fair discounts.

Court Disposition

Judgment for plaintiffs; damages awarded and costs and interest to plaintiffs; order nisi with liberty to apply within 14 days.

Orders

  • Award damages to plaintiffs in the sum of HK$4,496,314.36
  • Interest at judgment rate on the quantum from date of the consent judgment until payment