Singapore: Court of Appeal Reverses High Court’s Decision
Recipients of our e-newsletters will surely recall that we had reported in May 2012 that the Singapore High Court held that Hai Tong Co (Pte) Ltd had failed to discharge its burden of proving that there was damage or a likelihood of damage to its goodwill and therefore dismissed the passing off claim by Hai Tong Co (Pte) Ltd.
Hai Tong Co (Pte) Ltd had since filed an appeal at the Singapore...
Singapore: Court of Appeal reversed High Court’s decision
Our clients and associates will surely recall our article which was published on 28 June 2012 wherein we have reported that the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of “classical trinity”, namely...
Singapore: Coffee Anyone?
In the case of Sarika Connoisseur Cafe Pte. Ltd. v Ferrero SpA, the Singapore Court of Appeal upheld the Singapore High Court’s decision and adjudged Sarika Connoisseur Cafe Pte. Ltd. to have infringed the Ferrero SpA’s trademark and committed the tort of passing off.
Sarika Connoisseur Cafe Pte. Ltd. (hereinafter referred to as ‘the Appellant’) is a company incorporated in Singapore which...
Singapore: There is no confusion between “Park Regis” and “St. Regis”
In the case of Staywell Hospitality Group Pty. Ltd. v Starwood Hotels & Resorts Worldwide, Inc. and another, the High Court of Singapore allowed Staywell’s appeal and rejected Starwood’s cross appeal in relation to a trademark application filed by Staywell.
Staywell Hospitality Group Pty. Ltd. (hereinafter referred to as “the Applicant”) is an Australian hotel...
Singapore: Mainfreight v. Mainfreight. Guess who is the winner?
In the case of Mainfreight (S) Pte. Ltd. v Mainfreight International Logistics Pte. Ltd., the High Court of Singapore adjudged in favor of Mainfreight (S) Pte. Ltd. granting injunction restraining Mainfreight International Logistics Pte. Ltd. from passing-off its business as that of Mainfreight (S) Pte. Ltd.’s.
Mainfreight (S) Pte. Ltd. (hereinafter referred to as “the...
Singapore: A trade mark saga
In the case of Intuition Publishing Ltd. v Intuition Consulting Pte. Ltd., the Singapore High Court relieved Intuition Consulting Pte. Ltd from the trademark infringement claims in the shade of in-sufficient evidence.
The Plaintiff, Intuition Publishing Ltd. which was previously known as Financial Courseware, adopted its present name on 17 April 1998 and has its subsidiary in Singapore...
Singapore: Let’s Tee Off
In the case of the Singapore Professional Golfers’ Association v Chen Eng Waye and Ors, the Singapore High Court dismissed Singapore Professional Golfers’ Association’s action for passing off against Chen Eng Waye and others with costs as Singapore Professional Golfers’ Association could not prove the existence of “classical trinity”, namely...
IT’S NICHE, MIND YOU!
In the case of Doctor’s Associates Inc. v Lim Eng Wah (trading as SUBWAY Niche) the Singapore High Court held that for visual and aural similarity, one must bear in mind the “imperfect recollection” of customer and “the ideas that lie behind” for conceptual similarity.
Doctor’s Associates Inc. (hereinafter referred to as “the plaintiff”) is an American...
IT’S ROSE(Y) LIFE OUT THERE!
In the case of Hai Tong Co (Pte) Ltd v Ventree Singapore Pte Ltd and another, the Singapore High Court found that the defendants had infringed the plaintiff’s “Lady Rose” word mark and granted plaintiff the injunctions to restrain the defendants from infringing the plaintiff’s mark.
Hai Tong Co Pte Ltd (hereinafter referred to as “the plaintiff”) is a...
SINGAPORE: FOR A MARK REGISTERED IN BAD FAITH THE BURDEN OF PROOF LIES IN THE PARTY ASSERTING IT AND REQUIRES A HIGH STANDARD OF PROOF
In the case of P. T. Swakarya Indah Busana v Haniffa Pte Ltd and another, the Singapore High Court declared the applications filed by two parties to register 15 trade marks were invalid as they were in filed in bad faith.
P. T. Swakarya Indah Busana (hereinafter referred as “the Plaintiff”) is a corporation incorporated in the Republic of Indonesia manufacturing garments bearing the marks...