CAPCOM CO LTD AND ANOTHER v. 長豐書報 (a firm)

CAPCOM CO LTD AND ANOTHER v. 長豐書報 (a firm)

Plaintiffs failed to prove requisite goodwill in Hong Kong attributable to the subject strategy guide books or to either plaintiff, and failed to prove a misrepresentation likely to cause confusion; consequently the claim in passing-off is dismissed against all defendants (excluding settled actions).

Citation
CAPCOM CO LTD AND ANOTHER v. 長豐書報 (a firm)
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; Defendants: Defendants (13 newspaper stall operators/owners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2494/2006
Procedural Posture
Civil Action (passing Off) / Judgment at Trial, Court of First Instance
Outcome
Plaintiffs' claims dismissed against all defendants except those in settled actions
Legal Topics
Goodwill, Misrepresentation, Damage, Standing, Costs
Source Language
EN
Intellectual Property Passing Off Trade Marks Law Civil Procedure Goodwill Misrepresentation Damage Standing +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 4 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

Defendants (13 newspaper stall operators/owners)

Defendants

Procedural Posture

Civil Action (passing Off) / Judgment at Trial, Court of First Instance

Legal Issues

  1. 1 Whether plaintiffs have goodwill or reputation in Hong Kong attaching to the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation likely to cause confusion (passing-off)
  3. 3 Whether plaintiffs suffered or were likely to suffer damage

Ratio Decidendi

Plaintiffs failed to prove requisite goodwill in Hong Kong attributable to the subject strategy guide books or to either plaintiff, and failed to prove a misrepresentation likely to cause confusion; consequently the claim in passing-off is dismissed against all defendants (excluding settled actions).

Court Disposition

Plaintiffs' claims dismissed against all defendants except those in settled actions

Orders

  • Claims dismissed against defendants (except settled actions)
  • Costs to be paid by the plaintiffs to the respective defendants (except those in the settled actions), to be taxed if not agreed