Hong Kong Case Law: Decisions & Judgments

Topic

Additional damages

Legal area

Court

15 Aug 2024

MIELE & CIE. KG AND ANOTHER v. INSTANT SERVICES (HONG KONG) LTD AND ANOTHER

Citation

[2024] HKCFI 2105
Court

Court of First Instance
Case number

HCIP31/2022

Defendants repeatedly made unchallenged or inadequately explained misrepresentations (warranty claims, use of Plaintiffs' contact details, promotion as authorised dealer) and used registered Miele marks and Plaintiffs' copyright works on websites/social media without consent; statutory presumptions and evidence favoured Plaintiffs; Defendants failed to discharge burdens to show triable defences under Order 14 or to rebut s121; s20 exhaustion and late disclaimers do not avail; 2nd Defendant controlled the company and is liable as joint tortfeasor; accordingly summary judgment for Plaintiffs on…
27 Dec 2019

OWNDAYS CO., LTD AND ANOTHER v. PROFESSIONAL OPTOMETRIST LTD AND OTHERS

Citation

[2019] HKCFI 3147
Court

Court of First Instance
Case number

HCA1718/2018

The 2nd Defendant applied to register an identical reproduction of the Plaintiffs' Artistic Work while aware of the Plaintiffs' use and ownership; objectively that conduct fell below acceptable commercial standards and amounted to bad faith under the Trade Marks Ordinance, rendering the registration void ab initio; registration does not excuse copyright infringement; summary judgment was therefore entered for the Plaintiffs, additional damages were appropriate given deliberate and flagrant copying, and indemnity costs ordered where appropriate.
26 Nov 2014

GOLD TYPHOON ENTERTAINMENT LTD v. LEGEND WORLD ASIA GROUP LTD

Citation

GOLD TYPHOON ENTERTAINMENT LTD v. LEGEND WORLD ASIA GROUP LTD
Court

Court of First Instance
Case number

HCA1931/2012

Defendant failed to demonstrate any real or arguable defence: the K-Server licence was not permanent; PPSEAL licences did not authorize server reproduction after termination of K-Server authorisation; s65 defence was inapplicable; defects in s121 affidavits were not fatal given other evidence of ownership and prior recognition by Defendant; summary judgment granted, injunction extended to all Plaintiff KMVs, costs awarded and additional damages refused.
25 Apr 2006

WELLEGANT DEVELOPMENT LTD. v. FINE TELECOM LTD. AND OTHERS

Citation

WELLEGANT DEVELOPMENT LTD. v. FINE TELECOM LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA2132/2001

The Registrar applied the principle from Lai Ki that costs are ordinarily on the District Court scale unless there was a reasonable prospect of exceeding District Court jurisdiction; having considered the subject matter, value, extent of infringement, timing and conduct, and noting plaintiff's delay in applying for determination and that payment into court did not confer High Court jurisdiction, the Registrar concluded there was no reasonable prospect of exceeding the District Court limit and ordered assessment on District Court scale.
28 Dec 2004

KONSTAR INDUSTRIES LTD AND ANOTHER v. HUNG SANG METAL PLASTIC FACTORY LTD AND OTHERS

Citation

KONSTAR INDUSTRIES LTD AND ANOTHER v. HUNG SANG METAL PLASTIC FACTORY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1187/1998

Where reliable documentary evidence of defendants' infringing sales exists the court may attribute a proportion of those sales to the plaintiff as lost profits subject to a discount for other factors; price reduction and reputational loss are compensable; additional damages may be awarded (here 10%) for flagrancy and profit gained by infringement; apply common‑sense in causation and quantify by reference to defendants' records with fair discounts.
24 Jan 2000

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

Citation

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

Court of First Instance
Case number

HCA9547/1995

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.
24 Jan 2000

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

Citation

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

Court of First Instance
Case number

HCA11061/1995

Plaintiffs were entitled to remedies awarded at trial; on assessment the court must avoid duplicative recovery while applying appropriate measures: conversion damages are the market value of infringing goods sold up to the relevant cut-off, copyright damages can be assessed by reasonable royalty or, where no licensing practice exists, by a crude assessment or nominal sum, and additional damages are appropriate given flagrancy and benefit to defendants. Applying these principles the Master awarded conversion and copyright/additional sums as quantified and refused further awards that would caus…
24 Jan 2000

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

Citation

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

Court of First Instance
Case number

HCA7759/1995

The Master awarded conversion damages for Super Mellow Mijiu equal to the market value of infringing sales (HKD 7,456,426.70), supplementary copyright damages (HKD 250,000) and additional damages (HKD 100,000); for Shiwan Mijiu awarded copyright damages (HKD 1,500,000) and additional damages (HKD 500,000); declined a separate award for inducement to avoid double recovery; ordered interest at judgment rate from 19 November 1998 and costs of the assessment to plaintiffs.
2 May 1996

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD AND OTHERS

Citation

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP21/1996

The Court refused the extension of time because the daughter's evidence did not establish coercion or duress sufficient to render the photographer's copyright unenforceable on public policy grounds and the proposed appeal lacked a reasonable prospect of success; therefore there was no basis to grant the discretionary relief sought.