CAPCOM CO LTD AND ANOTHER v. 早晨報紙雜誌社 (a firm)

CAPCOM CO LTD AND ANOTHER v. 早晨報紙雜誌社 (a firm)

Plaintiffs failed to prove that goodwill or reputation in Hong Kong attached to the subject strategy guide books (or that such reputation belonged to Capcom Asia), and failed to prove that the defendants' products constituted a misrepresentation to the public; accordingly the passing-off claim fails and is dismissed (except for settled actions).

Citation
CAPCOM CO LTD AND ANOTHER v. 早晨報紙雜誌社 (a firm)
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants: Various newspaper stall operators/owners (13 defendants)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2499/2006
Procedural Posture
Civil Action Passing Off (intellectual Property) / Judgment (after Trial)
Outcome
Plaintiffs' claim dismissed (except in settled actions)
Legal Topics
Passing Off, Goodwill, Misrepresentation, Denial of Sale, Costs
Source Language
EN
Intellectual Property Passing Off Trade Marks Copyright Civil Procedure Goodwill Misrepresentation Denial of Sale +1 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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Capcom Company Limited

1st Plaintiff

Capcom Asia Company Limited

2nd Plaintiff

Various newspaper stall operators/owners (13 defendants)

Defendants

Procedural Posture

Civil Action Passing Off (intellectual Property) / Judgment (after Trial)

Legal Issues

  1. 1 Whether plaintiffs established goodwill/reputation in Hong Kong attaching to the subject strategy guide books
  2. 2 Whether defendants committed a misrepresentation likely to cause the public to believe the defendants' goods were plaintiffs' goods
  3. 3 Whether the defendants in the denial-of-sale actions sold or displayed the alleged guide books

Ratio Decidendi

Plaintiffs failed to prove that goodwill or reputation in Hong Kong attached to the subject strategy guide books (or that such reputation belonged to Capcom Asia), and failed to prove that the defendants' products constituted a misrepresentation to the public; accordingly the passing-off claim fails and is dismissed (except for settled actions).

Court Disposition

Plaintiffs' claim dismissed (except in settled actions)

Orders

  • Claim dismissed against all defendants except those in the settled actions (HCA 2493/2006, HCA 2494/2005, HCA 2501/2006 and 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