FOSSIL, INC. v. TRIMSET LTD AND ANOTHER

FOSSIL, INC. v. TRIMSET LTD AND ANOTHER

The court found the Bruneau sketch and subsequent drawings to be original and owned by the plaintiff (employee authorship and written assignment where applicable); the defendant's finished watch was substantially similar and an infringing copy because the manufacturer had access to Big Tic and the defendant sold the product after purchasing it from that manufacturer (found on the balance of probabilities to be the 2nd defendant); accordingly primary infringement established; alternatively secondary infringement established from January 2000 when plaintiff's solicitors put the defendant on notice; accordingly interlocutory injunctions were justified and damages/accounting were adjourned.

Citation
FOSSIL, INC. v. TRIMSET LTD AND ANOTHER
Parties
Plaintiff: Fossil, Inc.; 1st Defendant: Trimset Limited; 2nd Defendant: Goodwill Watch Industrial Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2003
Case Number
HCA2337/2000
Procedural Posture
Civil Copyright Action / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff; interlocutory injunctions granted; damages and account adjourned to chambers; costs awarded to plaintiff (party-party)
Legal Topics
Copyright Subsistence, Ownership of Copyright, Infringement (primary and Secondary), Substantial Part Test, Access and Copying, Remedies (injunctions, Damages), Interlocutory Relief
Source Language
EN
Intellectual Property Copyright Patent Law Civil Litigation Copyright Subsistence Ownership of Copyright Infringement (primary and Secondary) Substantial Part Test +3 more

Case Brief

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Parties

Fossil, Inc.

Plaintiff

Trimset Limited

1st Defendant

Goodwill Watch Industrial Company Limited

2nd Defendant

Procedural Posture

Civil Copyright Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether copyright subsists in the drawings relied upon by the plaintiff
  2. 2 Whether the plaintiff owns the copyright in those drawings
  3. 3 Whether the defendant's watch is an infringing copy of the plaintiff's copyright works

Ratio Decidendi

The court found the Bruneau sketch and subsequent drawings to be original and owned by the plaintiff (employee authorship and written assignment where applicable); the defendant's finished watch was substantially similar and an infringing copy because the manufacturer had access to Big Tic and the defendant sold the product after purchasing it from that manufacturer (found on the balance of probabilities to be the 2nd defendant); accordingly primary infringement established; alternatively secondary infringement established from January 2000 when plaintiff's solicitors put the defendant on notice; accordingly interlocutory injunctions were justified and damages/accounting were adjourned.

Court Disposition

Judgment for the Plaintiff; interlocutory injunctions granted; damages and account adjourned to chambers; costs awarded to plaintiff (party-party)

Orders

  • Interlocutory injunctions granted as claimed in paragraphs 1(1),(3); 2 and 3 of the Re-Re-Re Amended Statement of Claim
  • Claim for damages and an account adjourned to chambers for assessment