Hong Kong Case Law: Decisions & Judgments

Topic

Infringement

Legal area

Court

9 Jun 2023

SKY KING MACHINERY ENGINEERING LTD v. CHINA HARBOR ENGINEERING COMPANY LTD

Citation

[2023] HKCFI 1516
Court

Court of First Instance
Case number

HCIP45/2019

The court found on the evidence that the SF 2003 Plans originated from TP Wong and were digitised by Lambeth acting as scribe; the SF 2003 Plans and aspects of the as-built installation met the low threshold of originality; the installation qualified as a 'work of architecture' under Cap.528 s5; copyright vested in the Plaintiff by virtue of employment/subcontract arrangements; the SF 2005 Plans and the Defendant's MS Plans and HZMB installation reproduced substantial and qualitatively important, visually significant parts of the SF 2003 Plans and Installation, therefore the Defendant infring…
20 May 2021

LEADERS COSMETICS CO, LTD (formerly known as SANSUNG LIFE & SCIENCE JOOSIKHOESA and also known as SANSUNG LIFE & SCIENCE CO, LTD) v. LEGEND HK PHARMACY LTD

Citation

[2021] HKCFI 1511
Court

Court of First Instance
Case number

HCA2540/2017

On the affidavits, pleadings and evidence before the court the defendants failed to demonstrate any triable or arguable defence (including the asserted parallel import defence); expert and comparative examinations showed the products were not genuine; accordingly summary judgment was appropriate and final injunctive relief, ancillary disclosure and delivery-up orders, and costs were granted.
6 Jul 2018

WONG TO YICK WOOD LOCK OINTMENT LTD v. YUE FUNG DISPENSARY CO LTD t/a YUE FUNG DISPENSARY

Citation

[2018] HKDC 782
Court

District Court
Case number

DCCJ5287/2017

Because the defendant filed no evidence and made no submissions, the court proceeded on the plaintiff's unopposed evidence, disallowed any deduction for general overheads, permitted only direct cost deductions supported by supplier documents, accepted the plaintiff's estimate subject to a 10% discount, and awarded profits of $300,172 with interest at the rates ordered.
24 May 2016

GLOBAL MARKETING ENTERPRISE (GME) LTD AND ANOTHER v. BLUE BOX INTERNATIONAL LTD

Citation

GLOBAL MARKETING ENTERPRISE (GME) LTD AND ANOTHER v. BLUE BOX INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1053/2015

Triable issues exist as to subsistence of copyright in the claimed drawings, ownership of the copyright (possible competing claim by GolosWeisman Design and unclear employment/commission status), and whether the defendant independently created its product or copied a substantial part; therefore summary judgment was inappropriate and the summons is dismissed so the matters proceed to trial; costs ordered nisi in favour of the defendant on party and party basis.
11 Mar 2015

SKY KING MACHINERY ENGINEERING LTD v. CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER

Citation

SKY KING MACHINERY ENGINEERING LTD v. CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1918/2013

The application for summary judgment was dismissed because, although the court accepted the Plans were original and that the Plaintiff had rebutted the copyright notice presumption of Gammon's ownership, there remained triable issues as to whether the Defendants had authorized the copying; the evidence (general contract specifications, subcontracting and approval rights) was insufficient at summary stage to conclude authorization as a matter of law.
16 Dec 2014

HEALTH & BEAUTY INTERNATIONAL HOLDINGS LTD v. CHAU MING WAH AND OTHERS

Citation

HEALTH & BEAUTY INTERNATIONAL HOLDINGS LTD v. CHAU MING WAH AND OTHERS
Court

Court of First Instance
Case number

HCA68/2012

On the evidence the plaintiff established valid assignments, substantial similarity and access such that the defendants infringed the plaintiff's copyright and registered design; defendant 1's statements were defamatory and justification failed; appropriate remedies are injunctions, accounts of profits, delivery up for destruction and damages of HKD 100,000 for defamation.
28 Aug 2012

MAGPUL (ASIA) LTD v. LEUNG SIU FONG t/a NSN. CUSTOMS AIR GUN CO AND OTHERS

Citation

MAGPUL (ASIA) LTD v. LEUNG SIU FONG t/a NSN. CUSTOMS AIR GUN CO AND OTHERS
Court

Court of First Instance
Case number

HCA845/2010

Affirmed statutory presumption under s121; accepted plaintiff's documentary and witness evidence over defendant's denials; found the products to be substantial reproductions of the copyrighted drawings and that the 3rd Defendant sold those infringing copies; therefore defendant liable for copyright infringement and entitled plaintiff to injunctive and ancillary relief including delivery up and enquiry into damages/account of profits.
23 Dec 2009

SILVERLIT TOYS MANUFACTORY LTD v. GOOD-TECH HOBBY CO LTD AND ANOTHER

Citation

SILVERLIT TOYS MANUFACTORY LTD v. GOOD-TECH HOBBY CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA941/2009

Defendants failed to establish a real or bona fide defence or to provide particulars; evidence established importation, stocking and sale of the infringing product and the 2nd defendant's involvement as sole shareholder/director permitted the inference he acted in concert or procured the infringement; therefore summary judgment entered for plaintiff on the patent claim.
16 Nov 2009

MODERN BEAUTY SALON HOLDINGS LTD AND ANOTHER v. UNICITY HONG KONG LTD

Citation

MODERN BEAUTY SALON HOLDINGS LTD AND ANOTHER v. UNICITY HONG KONG LTD
Court

Court of First Instance
Case number

HCA2644/2007

The defendant's mark is visually, aurally and conceptually similar to the plaintiffs' registered trademark and used on similar cosmetics, such use is likely to cause confusion; the defendant failed to establish defences of honest concurrent use or prior continuous use; plaintiffs have acquired goodwill and the defendant's conduct amounts to passing off; plaintiffs are entitled to injunctive and ancillary relief and damages or an account of profits, interest and costs.
30 Sept 2009

LEE YUEN HOUSEWARES CO LTD v. STAR-TARGET INDUSTRIAL DEVELOPMENT LTD AND ANOTHER

Citation

LEE YUEN HOUSEWARES CO LTD v. STAR-TARGET INDUSTRIAL DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA710/2007

Summary judgment was refused because genuine factual disputes and plausible defences existed as to the scoop (possible prior market availability and supplier sourcing), the tea bag holder (inability to compare lost original drawings with pleaded work and contested chronology), and the timer (issue of alleged joint ownership requiring factual resolution); the court therefore granted unconditional leave to the 1st defendant to defend rather than enter summary judgment.