Hong Kong Case Law: Decisions & Judgments

Topic

Passing off (abandoned)

Legal area

Court

7 Mar 2008

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER

Citation

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER
Court

District Court
Case number

DCCJ2655/2007

On an objective assessment the Article as a whole falls within the wide ambit of review and Pioneer's reproduction of approximately 86 frames was, in the main, reasonably necessary for that review; Pioneer has an arguable defence of fair dealing under s.39(1) such that there are triable issues and summary judgment must be dismissed and the matter tried.
7 May 1999

YUEN CHUK t/a NEW WANG KONG CO. v. MUHAMMAD, FAROOQ AND OTHERS t/a OSAMA INTERNATIONAL CO.

Citation

YUEN CHUK t/a NEW WANG KONG CO. v. MUHAMMAD, FAROOQ AND OTHERS t/a OSAMA INTERNATIONAL CO.
Court

Court of First Instance
Case number

HCA14695/1998

Plaintiff established originality and ownership; the goods sold by defendants were strikingly similar and constituted infringing copies; objective facts (label removal, supply from other manufacturer, offering cheaper identical designs, supplying genuine labelled goods when requested) established knowledge or reason to believe; defendants' defence was not credible and summary judgment was granted for plaintiff.
7 Oct 1985

INTERGRATED DISPLAY TECHNOLOGY LIMITED v. BALLANDA LIMITED

Citation

INTERGRATED DISPLAY TECHNOLOGY LIMITED v. BALLANDA LIMITED
Court

Court of First Instance
Case number

HCA5267/1985

There is a serious question to be tried on copyright; the plaintiff would not be adequately compensated by damages because of potential unquantifiable damage to reputation and goodwill and the defendant is unlikely to be able to meet an award of damages; the defendant would suffer little that could not be compensated by damages; therefore the balance of convenience favors granting the interlocutory injunction to the plaintiff.

Hong Kong Case Law

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER

YUEN CHUK t/a NEW WANG KONG CO. v. MUHAMMAD, FAROOQ AND OTHERS t/a OSAMA INTERNATIONAL CO.

INTERGRATED DISPLAY TECHNOLOGY LIMITED v. BALLANDA LIMITED