AVENT LTD AND ANOTHER v. PROMINENT WING LTD AND OTHERS

AVENT LTD AND ANOTHER v. PROMINENT WING LTD AND OTHERS

On unchallenged evidence the bimi products were substantially similar to the plaintiffs' copyright works, defendants failed to file any evidence or establish independent creation or a triable issue, and thus summary judgment was appropriate: plaintiffs demonstrated primary (and, as applicable, secondary) infringement and concerted action, entitling them to permanent injunctions, delivery up and disclosure orders, an inquiry as to damages or an account of profits, interest and costs.

Citation
AVENT LTD AND ANOTHER v. PROMINENT WING LTD AND OTHERS
Parties
1st Plaintiff: AVENT LIMITED; 2nd Plaintiff: PHILIPS ELECTRONICS UK LIMITED; 1st Defendant: PROMINENT WING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 2010
Case Number
HCA480/2008
Procedural Posture
Intellectual Property Copyright and Patent Infringement / Summary Judgment Granted
Outcome
Summary judgment entered for the plaintiffs against the 1st, 3rd and 4th defendants; injunctions granted; delivery up and disclosure orders made; inquiry as to damages or account of profits ordered; costs awarded to plaintiffs.
Legal Topics
Injunction, Delivery Up, Discovery, Inquiry as to Damages, Account of Profits, Summary Judgment, Acting in Concert/common Design, Secondary Infringement
Source Language
EN
Intellectual Property Copyright Patent Trade Marks Registered Designs Injunction Delivery Up Discovery +5 more

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Parties

AVENT LIMITED

1st Plaintiff

PHILIPS ELECTRONICS UK LIMITED

2nd Plaintiff

PROMINENT WING LIMITED

1st Defendant

Procedural Posture

Intellectual Property Copyright and Patent Infringement / Summary Judgment Granted

Legal Issues

  1. 1 whether the 1st, 3rd and 4th defendants infringed the plaintiffs' copyright
  2. 2 whether the 1st defendant infringed the plaintiffs' patent
  3. 3 whether the defendants acted in concert or pursuant to a common design

Ratio Decidendi

On unchallenged evidence the bimi products were substantially similar to the plaintiffs' copyright works, defendants failed to file any evidence or establish independent creation or a triable issue, and thus summary judgment was appropriate: plaintiffs demonstrated primary (and, as applicable, secondary) infringement and concerted action, entitling them to permanent injunctions, delivery up and disclosure orders, an inquiry as to damages or an account of profits, interest and costs.

Court Disposition

Summary judgment entered for the plaintiffs against the 1st, 3rd and 4th defendants; injunctions granted; delivery up and disclosure orders made; inquiry as to damages or account of profits ordered; costs awarded to plaintiffs.

Orders

  • Permanent injunction restraining 1st, 3rd and 4th defendants from infringing plaintiffs' copyright in the works in Schedule 2 and from procuring or assisting others to infringe
  • Delivery up within 14 days of all infringing articles and materials in defendants' possession, custody or control