Nintendo forced to remove press release by Hong Kong High Court

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On October 22nd, Nintendo released a press releaase giving details about litigation against a company called “Supreme Factory Limited.” As you know, Nintendo has been cracking down on mod chips, and this company was accused of infringing on Nintendo’s intellectual property rights by making similar devices.

Apparently the release was wrong in saying that a final, substantive judgment on intellectual property right infringement has been handed down by the Court against Supreme. On November 2nd, Nintendo was ordered to take it down from its Web site. By issuing this 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.

Since then, the High Court has ordered Nintendo to give Supreme the names of the organizations who received the original press release.  

Hit the jump for the full release. 

[Thanks, JR] 

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.


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