27 Mar 2008
Plaintiffs failed to prove requisite goodwill in Hong Kong attributable to the subject strategy guide books or to either plaintiff, and failed to prove a misrepresentation likely to cause confusion; consequently the claim in passing-off is dismissed against all defendants (excluding settled actions).
5 Dec 2007
The plaintiffs enjoyed substantial goodwill in the DISNEY marks in Hong Kong including travel services; D Land intentionally misrepresented itself as associated with the plaintiffs and thereby caused or risked damage; D Land is liable for passing off; Mr Mak, as controlling director and majority shareholder who selected names, managed the company and procured the wrongful acts, is personally liable as a joint tortfeasor; therefore permanent injunctions and ancillary relief including inquiry as to damages or account of profits and costs were ordered.
18 Jun 2004
The Court upheld the judge's factual assessment that the materials before him raised triable issues on misrepresentation and damage; the three alleged instances of confusion were insufficient and possibly attributable to hearsay or editorial error, mere similarity of names was not enough to warrant summary judgment, and therefore refusal of summary judgment and granting of leave to defend was correct and will not be disturbed on appeal.