2007'12.07.Fri
Supreme Factory Limited Announcement: Nintendo Ordered by the Hong Kong High Court to Remove Press Release from Its Website
December 03, 2007
HONG KONG, Dec. 3 /Xinhua-PRNewswire/ -- On 22 October
2007, Nintendo of America Inc ("Nintendo") issued
a press release, which was wrong insofar as it may have
suggested that a final, substantive judgment on
intellectual property right infringement has been handed
down by the Court against Supreme Factory Limited
("Supreme"), on its website
http://www.nintendo.com and publicised it to popular gaming
sites.
In the proceedings before the High Court Supreme seeks
to overturn the pre-trial injunctions and will vigorously
oppose the Nintendo's claims that they have infringed its
intellectual property rights. Supreme has already managed
to obtain an order from the High Court to unfreeze a
significant amount of money to allow Supreme to meet its
ordinary and proper business expenses in respect of product
which is not the subject of the proceedings.
The Press Release was correct insofar as it reported
that the Hong Kong High Court had granted certain pre-trial
injunctive relief, allowing Nintendo representatives to
search the premises of Supreme in Hong Kong. The search
was for items which Nintendo alleges breach its
intellectual property rights in the Nintendo DS and Wii
systems. The Court also ordered that certain of Supreme's
assets be frozen.
On 2 November 2007 the Hong Kong High Court ordered
Nintendo to remove the Press Release from its website. In
issuing the Press Release Nintendo had breached an implied
undertaking not to use information and/or documentation
obtained as a result of a search order carried out on
Supreme's premises except for the purposes of the
proceeding.
On 19 November 2007, the High Court further ordered
Nintendo to disclose to Supreme the names and contact
details of all persons or organisations to whom Nintendo
(or anyone acting on its behalf and/or anyone under its
control) has provided the Press Release.
Media Contact:
Luke Ryan
Bird & Bird for Supreme
Tel: +852-2248-6000
Email: luke.ryan@twobirds.com
PR
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