Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Utility versus distinctive features
  • 1 May 1985

    INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS

    Citation
    INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV38/1985

    The court found that the plaintiff failed to prove a distinctive reputation in the get-up of the bricks because the complained-of features were dictated by utility and system compatibility rather than capricious or distinctive presentation; consequently there was no basis for passing off, no sufficient risk of irreparable harm and the interlocutory injunction was refused; the Order 14 judgment on the counterclaim was not interfered with because the passing off claim was misconceived for the non-copyright elements.