RECKITT & COLMAN (OVERSEAS) HEALTH LTD AND ANOTHER v. WHEALTHFIELDS (HONG KONG) LTD

RECKITT & COLMAN (OVERSEAS) HEALTH LTD AND ANOTHER v. WHEALTHFIELDS (HONG KONG) LTD

Summary judgment was refused because there are triable issues of fact as to whether a substantial part of the Plaintiffs' copyright work was copied and as to elements of the passing-off claim; factual matters (generic nature of bonus-pack designs, comparative market shares, designer evidence, and survey methodology) require full trial; accordingly the Defendant is granted unconditional leave to defend.

Citation
[2024] HKCFI 760
Parties
1st Plaintiff: Reckitt & Colman (Overseas) Health Limited; 2nd Plaintiff: Reckitt Benckiser Hong Kong Limited; Defendant: Whealthfields Group company (Defendant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2024
Case Number
HCIP2/2022
Procedural Posture
Intellectual Property (copyright Infringement and Passing Off) / Summary Judgment Application in the Court of First Instance
Outcome
Summary judgment refused; Defendant granted unconditional leave to defend the Plaintiffs' claims
Legal Topics
Summary Judgment, Substantial Part Test, Copying, Goodwill, Likelihood of Confusion, Market Survey Evidence
Source Language
EN
Intellectual Property Copyright Passing Off Civil Procedure Summary Judgment Substantial Part Test Copying Goodwill +2 more

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Parties

Reckitt & Colman (Overseas) Health Limited

1st Plaintiff

Reckitt Benckiser Hong Kong Limited

2nd Plaintiff

Whealthfields Group company (Defendant)

Defendant

Procedural Posture

Intellectual Property (copyright Infringement and Passing Off) / Summary Judgment Application in the Court of First Instance

Legal Issues

  1. 1 Whether the Plaintiffs' packaging design attracts copyright protection (originality)
  2. 2 Whether the Defendant copied a substantial part of the Plaintiffs' copyright work
  3. 3 Whether there was prior access and burden shifting on copying

Ratio Decidendi

Summary judgment was refused because there are triable issues of fact as to whether a substantial part of the Plaintiffs' copyright work was copied and as to elements of the passing-off claim; factual matters (generic nature of bonus-pack designs, comparative market shares, designer evidence, and survey methodology) require full trial; accordingly the Defendant is granted unconditional leave to defend.

Court Disposition

Summary judgment refused; Defendant granted unconditional leave to defend the Plaintiffs' claims

Orders

  • Summary judgment application refused
  • Defendant granted unconditional leave to defend the Plaintiffs' claim