DIGITAL THEATER SYSTEMS, INC AND ANOTHER v. SHINCO INTERNATIONAL AV CO LTD AND OTHERS

DIGITAL THEATER SYSTEMS, INC AND ANOTHER v. SHINCO INTERNATIONAL AV CO LTD AND OTHERS

The evidence from control purchases, packaging, guarantee registration cards, website links and admissions created no triable issue that the defendants distributed and/or imported DVD players bearing the registered trade marks after the licence cut-off date; knowledge is not required for liability though it may...

Source-derived case information.

Citation
DIGITAL THEATER SYSTEMS, INC AND ANOTHER v. SHINCO INTERNATIONAL AV CO LTD AND OTHERS
Parties
1st Plaintiff: DIGITAL THEATER SYSTEMS, INC; 2nd Plaintiff: DTS CHINA LICENSING (HONG KONG) LTD; 1st Defendant: SHINCO INTERNATIONAL AV CO LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2007
Case Number
HCA1811/2004
Procedural Posture
Civil Intellectual Property (trade Mark, Copyright, Passing Off) / Application for Summary Judgment and Default Judgment; Reasons for Decision (judgment Entered)
Outcome
Summary judgment entered against the 1st defendant on the trade mark claim; judgment in default entered against the 2nd defendant for the entire action; injunction and ancillary relief ordered; costs awarded.
Legal Topics
Infringement, Summary Judgment, Default Judgment, Injunction, Delivery Up, Discovery, Account of Profits, Damages, Costs
Source Language
en
Intellectual Property Trade Mark Law Copyright Law Passing Off Civil Procedure Infringement Summary Judgment Default Judgment +6 more

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Parties

DIGITAL THEATER SYSTEMS, INC

1st Plaintiff

DTS CHINA LICENSING (HONG KONG) LTD

2nd Plaintiff

SHINCO INTERNATIONAL AV CO LTD

1st Defendant

Procedural Posture

Civil Intellectual Property (trade Mark, Copyright, Passing Off) / Application for Summary Judgment and Default Judgment; Reasons for Decision (judgment Entered)

Legal Issues

  1. 1 Whether the defendant(s) distributed and/or imported DVD players bearing the plaintiff's registered trade marks after the licence cut-off date
  2. 2 Whether the 1st defendant can be held liable for trade mark infringement by distribution/import despite claimed lack of knowledge
  3. 3 Whether the 2nd defendant is liable for trade mark, copyright and passing-off

Ratio Decidendi

The evidence from control purchases, packaging, guarantee registration cards, website links and admissions created no triable issue that the defendants distributed and/or imported DVD players bearing the registered trade marks after the licence cut-off date; knowledge is not required for liability though it may influence remedy; accordingly summary judgment was appropriate against the 1st defendant on the trade mark claim and default judgment against the 2nd defendant for trade mark, copyright and passing-off, with injunction, delivery up and discovery ordered and directions permitting the plaintiff to elect between damages and an account of profits after specified discovery.

Court Disposition

Summary judgment entered against the 1st defendant on the trade mark claim; judgment in default entered against the 2nd defendant for the entire action; injunction and ancillary relief ordered; costs awarded.

Orders

  • Summary judgment entered against the 1st defendant on the trade mark claim under O.14 RHC
  • Judgment in default entered against the 2nd defendant under O.19 r.7 RHC for trade mark, copyright and passing-off claims