KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD

KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD

The court dismissed the Order 14 summary judgment application because plaintiffs failed to provide the necessary evidential foundation to prove infringement or passing off on the papers: the 1st plaintiff's strategy guide did not exist at the time of the defendant's publications and was not exhibited, corresponding original images and Japanese-source text were not produced or explained, and triable issues existed as to whether the defendant's use constituted permissible review/criticism and whether the 1st plaintiff had prior goodwill; therefore summary relief could not be granted.

Citation
KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION) AND ANOTHER v. INFO POWER LTD
Parties
1st Plaintiff: KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION); 2nd Plaintiff: KONAMI DIGITAL ENTERTAINMENT LIMITED; Defendant: INFO POWER LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2006
Case Number
DCCJ2753/2006
Procedural Posture
Copyright and Passing Off (civil) / Interlocutory Summary Judgment Application (order 14) — Dismissed
Outcome
Order 14 application dismissed with costs; certificate for counsel granted
Legal Topics
Summary Judgment, Injunction, Damages, Fair Dealing/review Defence, Use of Images, Goodwill
Source Language
EN
Intellectual Property Copyright Passing Off Civil Procedure Summary Judgment Injunction Damages Fair Dealing/review Defence +2 more

Case Brief

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Parties

KONAMI KABUSHIKI KAISHA (KONAMI CORPORATION)

1st Plaintiff

KONAMI DIGITAL ENTERTAINMENT LIMITED

2nd Plaintiff

INFO POWER LIMITED

Defendant

Procedural Posture

Copyright and Passing Off (civil) / Interlocutory Summary Judgment Application (order 14) — Dismissed

Legal Issues

  1. 1 Whether the defendant infringed the 1st plaintiff's copyright by reproducing images from the Video Soccer Games in its magazine publications
  2. 2 Whether the defendant's magazine publications amounted to passing off the 1st plaintiff's (alleged) strategy guides
  3. 3 Whether the defendant's admitted use of images was protected as review/criticism (fair dealing)

Ratio Decidendi

The court dismissed the Order 14 summary judgment application because plaintiffs failed to provide the necessary evidential foundation to prove infringement or passing off on the papers: the 1st plaintiff's strategy guide did not exist at the time of the defendant's publications and was not exhibited, corresponding original images and Japanese-source text were not produced or explained, and triable issues existed as to whether the defendant's use constituted permissible review/criticism and whether the 1st plaintiff had prior goodwill; therefore summary relief could not be granted.

Court Disposition

Order 14 application dismissed with costs; certificate for counsel granted

Orders

  • O.14 application dismissed with costs
  • Certificate for counsel granted in respect of the hearing