Hong Kong Case Law: Decisions & Judgments

Topic

Get-up

Legal area

Court

27 Mar 2008

CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU

Citation

CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU
Court

Court of First Instance
Case number

HCA2501/2006

The plaintiffs failed to prove the requisite goodwill/reputation in Hong Kong relating to the subject strategy guide books and failed to prove a misrepresentation by the defendants; accordingly the claim for passing-off (except in previously settled actions) is dismissed despite some evidence that sale occurred in one denial-of-sale action.
27 Mar 2008

CAPCOM CO LTD AND ANOTHER v. NG KING KUEN

Citation

CAPCOM CO LTD AND ANOTHER v. NG KING KUEN
Court

Court of First Instance
Case number

HCA2488/2006

Plaintiffs failed to prove requisite goodwill in Hong Kong in the subject strategy guide books and failed to prove misrepresentation; evidence was insufficient and therefore the passing-off claim was dismissed against all defendants (except settled actions); costs awarded to defendants to be taxed on a party-and-party basis.
25 Nov 1996

NIN JIOM MEDICINE MANUFACTORY (HONG KONG) LTD v. WAI KONG YIU t/a CHAI TIN SOW MEDICINE FACTORY ANT ANOTHER

Citation

NIN JIOM MEDICINE MANUFACTORY (HONG KONG) LTD v. WAI KONG YIU t/a CHAI TIN SOW MEDICINE FACTORY ANT ANOTHER
Court

Court of First Instance
Case number

HCA11494/1996

The court found a strong prima facie case of passing off based on close imitation of the plaintiff's get-up, concluded interlocutory injunctive relief preventing manufacture, distribution and sale in Hong Kong was appropriate, and refused any proviso permitting manufacture for export to China because the defendants lacked control over exported goods and had not shown a legitimate trade warranting such an exception; delay did not bar relief on these facts.
1 May 1985

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS

Citation

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS
Court

Court of Appeal
Case number

CACV38/1985

The court found that the plaintiff failed to prove a distinctive reputation in the get-up of the bricks because the complained-of features were dictated by utility and system compatibility rather than capricious or distinctive presentation; consequently there was no basis for passing off, no sufficient risk of irreparable harm and the interlocutory injunction was refused; the Order 14 judgment on the counterclaim was not interfered with because the passing off claim was misconceived for the non-copyright elements.

Hong Kong Case Law

CAPCOM CO LTD AND ANOTHER v. CHAN KWOK CHIU

CAPCOM CO LTD AND ANOTHER v. NG KING KUEN

NIN JIOM MEDICINE MANUFACTORY (HONG KONG) LTD v. WAI KONG YIU t/a CHAI TIN SOW MEDICINE FACTORY ANT ANOTHER

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS