CAPCOM CO LTD AND ANOTHER v. CHU WAI MING

CAPCOM CO LTD AND ANOTHER v. CHU WAI MING

Plaintiffs failed to establish that goodwill in the subject strategy guide books existed in Hong Kong and failed to prove a misrepresentation by defendants; on the evidence the requirements for passing-off were not satisfied, so the plaintiffs' claims (except as to settled actions) are dismissed; in the denial of sale action HCA 2492/2006 the defendant was found to have sold the books but that did not establish passing-off.

Citation
CAPCOM CO LTD AND ANOTHER v. CHU WAI MING
Parties
1st Plaintiff: CAPCOM Company Limited; 2nd Plaintiff: CAPCOM Asia Company Limited; Defendants: Thirteen newspaper stall operators/owners
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2008
Case Number
HCA2492/2006
Procedural Posture
Civil Passing Off / Judgment (court of First Instance Trial)
Outcome
Plaintiffs' claim dismissed against all defendants except those in settled actions
Legal Topics
Passing Off, Goodwill, Misrepresentation, Damages, Costs, Denial of Sale
Source Language
EN
Intellectual Property Passing Off Trade Marks Copyright Civil Procedure Goodwill Misrepresentation Damages +2 more

Case Brief

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Parties

CAPCOM Company Limited

1st Plaintiff

CAPCOM Asia Company Limited

2nd Plaintiff

Thirteen newspaper stall operators/owners

Defendants

Procedural Posture

Civil Passing Off / Judgment (court of First Instance Trial)

Legal Issues

  1. 1 Whether plaintiffs established goodwill or reputation in Hong Kong attaching to the subject strategy guide books
  2. 2 Whether defendants made a misrepresentation likely to cause the public to attribute the defendants' books to the plaintiffs
  3. 3 Whether the plaintiffs proved actual or likely damage from the alleged misrepresentation

Ratio Decidendi

Plaintiffs failed to establish that goodwill in the subject strategy guide books existed in Hong Kong and failed to prove a misrepresentation by defendants; on the evidence the requirements for passing-off were not satisfied, so the plaintiffs' claims (except as to settled actions) are dismissed; in the denial of sale action HCA 2492/2006 the defendant was found to have sold the books but that did not establish passing-off.

Court Disposition

Plaintiffs' claim dismissed against all defendants except those in settled actions

Orders

  • Claims dismissed as to 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