Case Details

Citation

INTERLEGO A.G. v. TYCO INDUSTRIES INC. AND OTHERS, HCA 4231D/1984

Case Number

HCA 4231D/1984

Court

Court of First Instance

(CFI)

Decision Date

14 January 1985

Parties

Applicant(s):

INTERLEGO A. G

Respondent(s):

conversion - Held no serious issue to be tried in respect of passing off, but a serious issue raised on the claim to copyright on principles set out in American Cyanamid - nevertheless injunction refused as damages will provide an adequate remedy. IN THE HIGH COURT OF JUSTICE NO. 4231 OF 1984 BETWEEN:- INTERLEGO A. G. Plaintiff and TYCO INDUSTRIES INC, TYCO INDUSTRIES INC, TYCO (HONG KONG) LIMITED, THE REFINED INDUSTRY CO. LIMITED, DENIFER TECHNOLOGY LIMITED

For Applicant(s):

Mr. A. Rogers, Q. C and Mr. A. Liao (Johnson, Stokes & Master)

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

HCA 4231D/1984

Court of First Instance14 January 1985

HCA004231D/1984 INTERLEGO A.G. v. TYCO INDUSTRIES INC. AND OTHERS

HCA004231D/1984

Headnote

H.C. 4231 OF 1984

Summons for interlocutory injunction in action for infringement of copyright, passing off and conversion - Held no serious issue to be tried in respect of passing off, but a serious issue raised on the claim to copyright on principles set out in American Cyanamid - nevertheless injunction refused as damages will provide an adequate remedy.

IN THE HIGH COURT OF JUSTICE

NO. 4231 OF 1984

BETWEEN:-

	INTERLEGO A. G.	Plaintiff
	and
	TYCO INDUSTRIES INC.	1st Defendant
	TYCO (HONG KONG) LIMITED	2nd Defendant
	THE REFINED INDUSTRY CO. LIMITED	3rd Defendant
	DENIFER TECHNOLOGY LIMITED	4th Defendant
	___________________

Coram: The Honourable Mr. Justice Jones in Chambers

Dates of hearing: 7th-11th & 14th January 1985

Date of delivery of judgment: 15th February 1985

___________

JUDGMENT

___________

1. With regard to the 1st and 2nd defendants' summons for summary judgment under Order 14 on part of their counterclaim the plaintiff makes no complaint in respect of copyright to the blocks in question, but only alleges passing off. In view of my decision on the issue of passing off it necessarily follows that the defendants are entitled to succeed on this summons.

	( B. L. Jones )
	Judge of the High Court

Representation:

Mr. A. Rogers, Q. C. and Mr. A. Liao (Johnson, Stokes & Master) for Plaintiff.

Mr. R. Jacob, Q. C. and Mr. P. Garland (Robin Bridge & John Liu) for 1st & 2nd Defendants.

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

Citation

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