3 Jan 2013
MENFOND ELECTRONIC ART & COMPUTER DESIGN CO LTD v. WONG WANG TAT VICTOR AND ANOTHER
- Citation
- MENFOND ELECTRONIC ART & COMPUTER DESIGN CO LTD v. WONG WANG TAT VICTOR AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA293/2011
The court held that the allegations in the statement of claim did not amount to an allegation of fraud that would invoke Order 14 r.1(2)(b) to bar summary judgment; on the facts Victor held the domain and website for the plaintiff (plaintiff paid for and used them in the course of business) so there was no credible defence to beneficial ownership; the plaintiff established the trinity for passing-off (distinctive goodwill, misrepresentation by defendants, likelihood of damage); accordingly summary judgment was entered for the plaintiff and injunctive/proprietary relief and costs were ordered…