CAPCOM CO LTD AND ANOTHER v. KONG MUI YIN

CAPCOM CO LTD AND ANOTHER v. KONG MUI YIN

Plaintiffs failed to prove the necessary elements of passing-off: there was insufficient evidence of goodwill in Hong Kong attributable to the plaintiffs in respect of the subject strategy guide books and insufficient evidence of misrepresentation; accordingly the claim (except in settled actions) is dismissed.

Citation
CAPCOM CO LTD AND ANOTHER v. KONG MUI YIN
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants: 13 defendants (newspaper stall operators/owners)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2493/2006
Procedural Posture
Passing Off (intellectual Property) / Judgment (court of First Instance)
Outcome
Plaintiffs' claim dismissed (except for settled actions)
Legal Topics
Passing Off, Goodwill, Misrepresentation, Denial of Sale, Costs
Source Language
EN
Intellectual Property Passing Off Trade Mark 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 3 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

13 defendants (newspaper stall operators/owners)

Defendants

Procedural Posture

Passing Off (intellectual Property) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether plaintiffs established goodwill in Hong Kong in the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation likely to cause confusion
  3. 3 Whether defendants sold the impugned guide books (denial of sale)

Ratio Decidendi

Plaintiffs failed to prove the necessary elements of passing-off: there was insufficient evidence of goodwill in Hong Kong attributable to the plaintiffs in respect of the subject strategy guide books and insufficient evidence of misrepresentation; accordingly the claim (except in settled actions) is dismissed.

Court Disposition

Plaintiffs' claim dismissed (except for settled actions)

Orders

  • Claim dismissed against all defendants except those in settled actions
  • Costs to be paid by the plaintiffs to the respective defendants (except those in the settled actions) to be taxed if not agreed