CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

Claim dismissed because plaintiffs failed to establish sufficient reputation/goodwill in Hong Kong in respect of the subject strategy guide books and failed to prove that defendants' products amounted to a misrepresentation likely to cause confusion; although sale by one defendant (HCA 2492/2006) was proved, that did not establish passing-off against the defendants as a group.

Citation
CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants: Various newspaper stall operators/owners
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2498/2006
Procedural Posture
Civil Action (passing Off) / Judgment (trial Concluded)
Outcome
Plaintiffs' claims dismissed (except for settled actions); costs to be paid by plaintiffs to defendants and to be taxed on party-and-party basis.
Legal Topics
Goodwill, Misrepresentation, Get Up (book Get Up), Trade Name, Damages, Costs, Denial of Sale
Source Language
EN
Intellectual Property Passing Off Trade Marks Copyright Civil Procedure Goodwill Misrepresentation Get Up (book Get Up) +4 more

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Parties

Capcom Company Limited

1st Plaintiff

Capcom Asia Company Limited

2nd Plaintiff

Various newspaper stall operators/owners

Defendants

Procedural Posture

Civil Action (passing Off) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether plaintiffs established goodwill in Hong Kong attaching to the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation by imitating plaintiffs' trade name or get-up leading to passing-off
  3. 3 Whether plaintiffs proved likely or actual damage from the alleged misrepresentation

Ratio Decidendi

Claim dismissed because plaintiffs failed to establish sufficient reputation/goodwill in Hong Kong in respect of the subject strategy guide books and failed to prove that defendants' products amounted to a misrepresentation likely to cause confusion; although sale by one defendant (HCA 2492/2006) was proved, that did not establish passing-off against the defendants as a group.

Court Disposition

Plaintiffs' claims dismissed (except for settled actions); costs to be paid by plaintiffs to defendants and to be taxed on party-and-party basis.

Orders

  • The plaintiffs' claim against all defendants (except those in the settled actions) is dismissed.
  • Costs to be paid by the plaintiffs to the respective defendants (except those in the settled actions) to be taxed if not agreed.