Read the full judgment text of CACV 000284/1998 on BabelCite. This Court of Appeal judgment was delivered on 3 March 1999 before Mortimer VP, Godfrey JA, Rogers JA.
CACV 284/1998 – Nintendo Co Ltd v The World Camera and Radio Co Ltd and others – Court of Appeal – Mortimer VP, Godfrey JA, Rogers JA – 3 March 1999 – Passing off – pleading – Order 18 rule 15(2) – colourable imitation – whether statement of claim can include new variation of a mark not expressly mentioned in writ – held: permissible because 'Super Mario 4' is a colourable imitation of 'Super Mario Land' and arises from the same facts – even if objection were correct, simple amendment would suffice – interlocutory appeal – satellite litigation – indemnity costs – plaintiff awarded all costs except unreasonably incurred – appeal allowed with indemnity costs here and below – Graff Brothers Estates Ltd v Rimrose Brook Joint Sewerage Board [1953] 2 QB 318 applied.
Legal issues: permissibility of pleading new variation of mark in statement of claim · indemnity costs for interlocutory appeal
Outcome: Appeal allowed. The order of the court below striking out the allegation of passing off by use of 'Super Mario 4' is set aside.