SINCLAIR RESEARCH LTD v. LAMBRA ELECTRONICS LTD

SINCLAIR RESEARCH LTD v. LAMBRA ELECTRONICS LTD

Applying the American Cyanamid test the court found damages would be an adequate remedy and the defendant would suffer serious and effectively irreparable harm including loss of business and employment and sunk expenditure; the ZX81 was nearing obsolescence and the balance of convenience favoured preserving the status quo, therefore the interlocutory injunction was refused.

Citation
SINCLAIR RESEARCH LTD v. LAMBRA ELECTRONICS LTD
Parties
Plaintiff: Sinclair Research Limited; Defendant: Lambda Electronics Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 1983
Case Number
HCA11141/1983
Procedural Posture
Interlocutory Injunction Application / Interim/application for Interlocutory Relief
Outcome
Application for interlocutory injunction refused
Legal Topics
Copyright Infringement, Interlocutory Injunction, Balance of Convenience, Adequacy of Damages
Source Language
EN
Copyright Law Civil Procedure Interlocutory Relief Copyright Infringement Interlocutory Injunction Balance of Convenience Adequacy of Damages

Case Brief

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Parties

Sinclair Research Limited

Plaintiff

Lambda Electronics Limited

Defendant

Procedural Posture

Interlocutory Injunction Application / Interim/application for Interlocutory Relief

Legal Issues

  1. 1 Whether defendant infringed plaintiff's copyright in ROM source code and instruction manual
  2. 2 Whether plaintiff would suffer irreparable harm absent an injunction
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

Applying the American Cyanamid test the court found damages would be an adequate remedy and the defendant would suffer serious and effectively irreparable harm including loss of business and employment and sunk expenditure; the ZX81 was nearing obsolescence and the balance of convenience favoured preserving the status quo, therefore the interlocutory injunction was refused.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Application for interlocutory injunction refused
  • Costs in the cause