ALAN TAM WING LUNG AND OTHERS v. LEX VIDEO PRODUCTION LIMITED AND ANOTHER

ALAN TAM WING LUNG AND OTHERS v. LEX VIDEO PRODUCTION LIMITED AND ANOTHER

Court found plaintiff possessed clear goodwill in Alan Tam's name and image in relation to a solo karaoke disc, that defendants' advertising and packaging created a misrepresentation likely to deceive the public into believing the disc was the plaintiff's, and that the misrepresentation would probably cause damage; judgment awarded for plaintiffs and injunction continued with damages to be assessed.

Citation
ALAN TAM WING LUNG AND OTHERS v. LEX VIDEO PRODUCTION LIMITED AND ANOTHER
Parties
1st Plaintiff: ALAN TAM WING LUNG; 2nd Plaintiff: MAGIC KEY INTERNATIONAL LIMITED; 3rd Plaintiff: POLYGRAM RECORDS LIMITED; 4th Plaintiff: ENTERTAINMENT IMPACT LIMITED; 1st Defendant: LEX VIDEO PRODUCTION LIMITED; 2nd Defendant: UNIVERSE LASER & VIDEO COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 April 1993
Case Number
HCA5301/1990
Procedural Posture
Passing Off (civil) / Trial Judgment Delivered
Outcome
Judgment for Plaintiffs; interim injunction continued; damages to be assessed; further hearing on other claims and costs
Legal Topics
Goodwill, Misrepresentation, Injunction, Damages, Advertising/packaging
Source Language
EN
Passing Off Intellectual Property Unfair Competition Trade Dress/advertising Goodwill Misrepresentation Injunction Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

ALAN TAM WING LUNG

1st Plaintiff

MAGIC KEY INTERNATIONAL LIMITED

2nd Plaintiff

POLYGRAM RECORDS LIMITED

3rd Plaintiff

ENTERTAINMENT IMPACT LIMITED

4th Plaintiff

LEX VIDEO PRODUCTION LIMITED

1st Defendant

UNIVERSE LASER & VIDEO COMPANY LIMITED

2nd Defendant

Procedural Posture

Passing Off (civil) / Trial Judgment Delivered

Legal Issues

  1. 1 Whether plaintiff had goodwill in name/image in context of a solo karaoke disc
  2. 2 Whether defendants' advertisement and packaging misrepresented their product as plaintiff's
  3. 3 Whether plaintiffs suffered or were likely to suffer damage from the misrepresentation

Ratio Decidendi

Court found plaintiff possessed clear goodwill in Alan Tam's name and image in relation to a solo karaoke disc, that defendants' advertising and packaging created a misrepresentation likely to deceive the public into believing the disc was the plaintiff's, and that the misrepresentation would probably cause damage; judgment awarded for plaintiffs and injunction continued with damages to be assessed.

Court Disposition

Judgment for Plaintiffs; interim injunction continued; damages to be assessed; further hearing on other claims and costs

Orders

  • Interim injunction to continue restraining defendants from selling the karaoke disc
  • Order nisi that damages be assessed by a Master or a Judge