SINGAPORE: WOULD A FREIGHT FORWARDER BE LIABLE FOR TRADEMARK INFRINGEMENT FOR TRANSSHIPPING COUNTERFEIT GOODS?
This case is in relation to whether a freight forwarder would be liable in the event if they import or export either by way of transshipment without having the knowledge that the package may contain counterfeit goods.
A trade mark infringement action was taken against a Singapore freight forwarder Megastar Shipping Pte. Ltd. at the Singapore High Court by Burberry Limited and Louis Vuitton...
SINGAPORE: MYSTERY SET
This case deals on whether the use of a trade mark only in references to invoices would constitute as “use” per the Singapore Trade Marks Act.
In this revocation proceeding before the IPOS, the Applicants sought to revoke the trade mark “MYSTERY SET” (hereinafter be referred as “the subject mark”) on the ground of non-use. The date of completion of registration of the subject mark...
SINGAPORE: THE FACESHOP CO LTD V CONSOLIDATED ARTISTS BV
The mark “MANGO” by Consolidated Artists BV (Opponent) has been registered in various classes and it is considered as a well-known mark among the public in Singapore. However, their effort to maintain the exclusivity of the word “MANGO” in any mark in relevance to facial and skin preparations, cosmetics, soaps and fragrances in class 3 was unsuccessful.
In this case, THE FACESHOP CO LTD...
Singapore: Apple’s Trade Mark Sherlock Revoked
In the matter of Apple Inc (‘Apple’) and Bigfoot Internet Ventures Pte Ltd (‘Bigfoot’), it was uncovered that companies offering post-sale software support provided online could possibly satisfy the ‘evidence of use’ test required under the Trade Marks Act in Singapore. However, the underlying rule in this case is that if a company fails to put their trade mark to genuine use for a five-year...
SINGAPORE – FAUX CALVIN
In the case of Calvin Klein, Inc and another v HS International Pte Ltd and others SGHC 214, leading fashion designer Calvin Klein had sued Singapore-registered Global PSM for trademark infringement after investigators bought fake Calvin Klein goods including wallets and underwear online on the SGbuy4u website. In the end, the operator of local website SGbuy4u was ordered by the High Court to...
SINGAPORE: IPOS DEFINES THE TERM USE OF MARK
In this trade mark revocation hearing before the Hearings and Mediation Group of the Intellectual Property Office of Singapore (IPOS), Lisbeth Enterprises Limited (hereinafter be referred as “the Applicant”), filed an application for revocation of a trade mark on the grounds of non-use. The subject mark was registered in the name of Procter and Gamble International Operations SA (hereinafter...
SINGAPORE: CONVERSE FAILS IN OPPOSITION PROCEEDINGS
In the opposition hearing of a trade mark application by Southern Rubber Works Sdn. Bhd. (hereinafter be referred “the Applicant”), opposed by Converse Inc. (hereinafter be referred “the Opponent”), the Intellectual Property Office of Singapore (hereinafter be referred as “IPOS”) has reiterated the requirements for opposing a trade mark application for being identical or similar with an...
SINGAPORE: POLO/LAUREN TAKES ON THE MIGHTY USPA
In opposition proceedings involving Singapore-based Polo/Lauren Company, L. P. v United States Polo Associates, the Intellectual Property Office of Singapore (IPOS) has refused registration of Singapore Trade Mark Application No. T1215440A in Class 09 filed by United States Polo Association.
United States Polo Association (“the Applicant”) filed Singapore Trade Mark Application No. T1215440A...
SINGAPORE: AMC IN DISPUTE
In the case of The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd, the Singapore High Court dismissed the Plaintiff’s claims for infringement and passing off.
The Audience Motivation Company Asia Pte Ltd, (hereinafter referred to as “the Plaintiff”) is a Singapore company. The Plaintiff is in the business of events management, assisting clients in meeting their...
SINGAPORE: MANCHESTER IS MORE THAN A FOOTBALLING CITY
Jamal Abdulnaser Mahmoud Al Mahamid v Global Tobacco Manufacturers (International) Sdn. Bhd. is an interesting trade mark dispute before the High Court of Singapore. The parties in this case each chose “Manchester” as the name of their respective brand of cigarettes. Both of them registered their trade marks in Singapore with the use of the term “Manchester”.
The Plaintiff, Mr. Jamal...