Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Denial of sale

  • 27 Mar 2008

    CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

    Citation
    CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)
    Court
    Court of First Instance
    Case number
    HCA2498/2006

    Claim dismissed because plaintiffs failed to establish sufficient reputation/goodwill in Hong Kong in respect of the subject strategy guide books and failed to prove that defendants' products amounted to a misrepresentation likely to cause confusion; although sale by one defendant (HCA 2492/2006) was proved, that did not establish passing-off against the defendants as a group.

  • 27 Mar 2008

    CAPCOM CO LTD AND ANOTHER v. 早晨報紙雜誌社 (a firm)

    Citation
    CAPCOM CO LTD AND ANOTHER v. 早晨報紙雜誌社 (a firm)
    Court
    Court of First Instance
    Case number
    HCA2499/2006

    Plaintiffs failed to prove that goodwill or reputation in Hong Kong attached to the subject strategy guide books (or that such reputation belonged to Capcom Asia), and failed to prove that the defendants' products constituted a misrepresentation to the public; accordingly the passing-off claim fails and is dismissed (except for settled actions).

  • 27 Mar 2008

    CAPCOM CO LTD AND ANOTHER v. NG YAN KOW

    Citation
    CAPCOM CO LTD AND ANOTHER v. NG YAN KOW
    Court
    Court of First Instance
    Case number
    HCA2490/2006

    Plaintiffs failed to prove goodwill in Hong Kong in respect of the subject strategy guide books and failed to prove a misrepresentation by defendants; evidence was insufficient on distinctiveness and reputation, therefore no passing-off and claim dismissed (except for settled actions).

  • 27 Mar 2008

    CAPCOM CO LTD AND ANOTHER v. CHU WAI MING

    Citation
    CAPCOM CO LTD AND ANOTHER v. CHU WAI MING
    Court
    Court of First Instance
    Case number
    HCA2492/2006

    Plaintiffs failed to establish that goodwill in the subject strategy guide books existed in Hong Kong and failed to prove a misrepresentation by defendants; on the evidence the requirements for passing-off were not satisfied, so the plaintiffs' claims (except as to settled actions) are dismissed; in the denial of sale action HCA 2492/2006 the defendant was found to have sold the books but that did not establish passing-off.

  • 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. KONG MUI YIN

    Citation
    CAPCOM CO LTD AND ANOTHER v. KONG MUI YIN
    Court
    Court of First Instance
    Case number
    HCA2493/2006

    Plaintiffs failed to prove the necessary elements of passing-off: there was insufficient evidence of goodwill in Hong Kong attributable to the plaintiffs in respect of the subject strategy guide books and insufficient evidence of misrepresentation; accordingly the claim (except in settled actions) is dismissed.

  • 27 Mar 2008

    CAPCOM CO LTD AND ANOTHER v. SO MEI YING

    Citation
    CAPCOM CO LTD AND ANOTHER v. SO MEI YING
    Court
    Court of First Instance
    Case number
    HCA2497/2006

    Claim dismissed because plaintiffs failed to prove goodwill in Hong Kong attaching to the subject guide books and failed to prove any misrepresentation by defendants; evidence was insufficient to show distinctive get-up or public attribution to Capcom/Capcom Asia, and where sale was contested the court found sale only in one contested instance but that did not establish passing-off overall.

  • 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.