CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU

CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU

The plaintiffs failed to prove the requisite goodwill/reputation in Hong Kong relating to the subject strategy guide books and failed to prove a misrepresentation by the defendants; accordingly the claim for passing-off (except in previously settled actions) is dismissed despite some evidence that sale occurred in one denial-of-sale action.

Citation
CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; Defendants: Defendants (newspaper stall operators/owners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2501/2006
Procedural Posture
Civil Passing Off / Judgment
Outcome
Plaintiffs' claim dismissed (except settled actions)
Legal Topics
Goodwill, Misrepresentation, Get Up, Denial of Sale, Damages, Costs
Source Language
EN
Intellectual Property Passing Off Trade Mark Copyright Civil Procedure Goodwill Misrepresentation Get Up +3 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 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

Defendants (newspaper stall operators/owners)

Defendants

Procedural Posture

Civil Passing Off / Judgment

Legal Issues

  1. 1 Whether plaintiffs established goodwill/reputation in Hong Kong in respect of the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation likely to cause public confusion (passing-off)
  3. 3 Whether sale/display of the impugned guide books by defendants occurred in denial of sale actions

Ratio Decidendi

The plaintiffs failed to prove the requisite goodwill/reputation in Hong Kong relating to the subject strategy guide books and failed to prove a misrepresentation by the defendants; accordingly the claim for passing-off (except in previously settled actions) is dismissed despite some evidence that sale occurred in one denial-of-sale action.

Court Disposition

Plaintiffs' claim dismissed (except settled actions)

Orders

  • Claim dismissed against all defendants except those in settled actions (HCA 2493/2006, HCA 2494/2005, HCA 2501/2006, HCA 2502/2006)
  • Costs to be paid by the plaintiffs to the respective defendants (except those in the settled actions) to be taxed if not agreed