GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

Master Cannon accepted plaintiffs' entitlement to remedies and assessed damages to avoid double recovery: awarded conversion damages for Super Mellow Mijiu equal to the market value of infringing sales HKD 7,456,426.70; awarded nominal copyright damages HKD 250,000 and additional damages HKD 100,000 for Super Mellow Mijiu; awarded copyright damages HKD 1,500,000 and additional damages HKD 500,000 for Shiwan Mijiu; declined an additional award for inducement/procurement to avoid double recovery; ordered interest at judgment rate and costs to plaintiffs to be taxed if not agreed.

Citation
GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
Parties
1st Plaintiff; Plaintiff by Counterclaim: Guangdong Foodstuffs Import & Export (Group) Corporation; 2nd Plaintiff: Yau Shing Hong Provisions Limited; 1st Defendant: Tung Fook Chinese Wine (1982) Co. Ltd.; 2nd Defendant: Shiwan Brewery of Foshan City in Guangdong Province; 2nd Defendant in HCA 11061/95; Defendant by Counterclaim in Some Actions: China Resources Advertising & Exhibition Co. Ltd.; 2nd Defendant by Counterclaim / Distributor Defendant: Chung Tai Wine & Spirit Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 January 2000
Case Number
HCA9547/1995
Procedural Posture
Assessment of Damages Following Judgment in Intellectual Property and Associated Torts / Assessment Hearing After Judgment (judgment of Cheung J Dated 19 November 1998)
Outcome
Assessment granted in part; damages awarded to plaintiffs as assessed below; no separate award for inducement to avoid double recovery; interest and costs ordered
Legal Topics
Passing Off, Copyright Infringement, Conversion, Additional Damages, Inducement to Breach Trust/fiduciary Duty/contract, Assessment of Damages, Trade Libel
Source Language
EN
Intellectual Property Civil Remedies Contract and Tort Law Passing Off Copyright Infringement Conversion Additional Damages Inducement to Breach Trust/fiduciary Duty/contract +2 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Guangdong Foodstuffs Import & Export (Group) Corporation

1st Plaintiff; Plaintiff by Counterclaim

Yau Shing Hong Provisions Limited

2nd Plaintiff

Tung Fook Chinese Wine (1982) Co. Ltd.

1st Defendant

Shiwan Brewery of Foshan City in Guangdong Province

2nd Defendant

China Resources Advertising & Exhibition Co. Ltd.

2nd Defendant in HCA 11061/95; Defendant by Counterclaim in Some Actions

Chung Tai Wine & Spirit Company Limited

2nd Defendant by Counterclaim / Distributor Defendant

Procedural Posture

Assessment of Damages Following Judgment in Intellectual Property and Associated Torts / Assessment Hearing After Judgment (judgment of Cheung J Dated 19 November 1998)

Legal Issues

  1. 1 Whether plaintiffs were entitled to account of profits or damages for passing off and the appropriate measure
  2. 2 Measure of damages for copyright infringement and conversion and avoidance of double recovery
  3. 3 Whether additional damages should be awarded and proper factors to consider

Ratio Decidendi

Master Cannon accepted plaintiffs' entitlement to remedies and assessed damages to avoid double recovery: awarded conversion damages for Super Mellow Mijiu equal to the market value of infringing sales HKD 7,456,426.70; awarded nominal copyright damages HKD 250,000 and additional damages HKD 100,000 for Super Mellow Mijiu; awarded copyright damages HKD 1,500,000 and additional damages HKD 500,000 for Shiwan Mijiu; declined an additional award for inducement/procurement to avoid double recovery; ordered interest at judgment rate and costs to plaintiffs to be taxed if not agreed.

Court Disposition

Assessment granted in part; damages awarded to plaintiffs as assessed below; no separate award for inducement to avoid double recovery; interest and costs ordered

Orders

  • Conversion damages for Super Mellow Mijiu awarded HKD 7456426.70
  • Copyright damages for Super Mellow Mijiu awarded HKD 250000