10 Mar 1980
TANG FUN KEE MANUFACTURING CO LTD v. FORTUNA PLASTIC MANUFACTORY (A FIRM)
- Citation
- TANG FUN KEE MANUFACTURING CO LTD v. FORTUNA PLASTIC MANUFACTORY (A FIRM)
- Court
- Court of First Instance
- Case number
- HCA1346/1979
The registered design was validly registered and not anticipated by prior publication or common general knowledge; the defendant's product D1, judged by the inexpert-eye test and allowing for imperfect recollection, reproduced the substance of the registered design and infringed it; the plaintiffs held copyright in specified drawings and D1 infringed that copyright because s9(8) did not shield the defendant; defendants failed to prove the statutory innocent-infringer defence under s9(1)/s17(1).