Trademarks: Use It or Lose It
Trademarks, like many things in life (e.g., from your gluteal muscles to your brain), will be lost it if you don’t use it. As its name suggests, a trademark is a mark that is used in trade to distinguish the goods/services of one undertaking from those of other undertakings. Following that, in most countries trademark […]
“Handicapped” Protection For Descriptive Marks
The Singapore Court of Appeal (CA) was recently asked to decide on whether a descriptive mark could be protected against passing off if the descriptive elements of the mark were used by another party. The case was an appeal by the Singapore Professional Golfers’ Association (SPGA) against the decision of the High Court which found […]
Amendments To Diovan Patent Claims Allowed
A recent decision in the High Court of Singapore involved yet another dispute in the pharmaceutical industry between an innovator giant and a generic manufacturer. This time, the case refers to a patent litigation battle between Switzerland-based Novartis and its exclusive licensee in Singapore (the Plaintiffs), and Ranbaxy (M) Sdn Bhd (the Defendant). On the […]
“Regis”-trable For More Than One Party After All!
Slightly more than a year from the Opposition proceeding in the Intellectual Property Office of Singapore, it seems that the trademark ownership battle between American hotel giants Starwood Hotels & Resorts Worldwide (“Starwood”), owner of the “ST. REGIS” trademark, and their Australian adversary Staywell Hospitality Group Pty Ltd (“Staywell”), proprietor of the “” mark, continued to […]
Much Ado About Nutting: Nutella Vs. Nutello
In the recent Singapore Court of Appeal (CA) case of Sarika Connoisseur Café Pte Ltd v Ferrero SpA, the CA was asked to resolve several issues on the matters of well-known trademark infringement, dilution and passing off. Sarika Connoisseur Café (the Appellant), is the owner of the “TCC – the connoisseur concerto” café chain in Singapore. […]
Goodwill Hunting
It is common knowledge that the use of another person’s trademark without his consent is an act of trademark infringement. However, many may not know that using another person’s trade name or trademark (regardless of whether it is registered) without his consent may also amount to passing off. Essentially, the tort of passing off protects […]
Singapore Update: A Case of Copyright, Confidential Information and Non-Competition Clause
General Arrangement (GA) drawings indicate the main dimensions of a model from the most appropriate viewpoints, which include setting out and check reference dimensions, section sizes, necessary assembly references and/or magnified views of complex details. These drawings were the highlight of a recent case brought by PH Hydraulics & Engineering Pte Ltd (the plaintiff) against […]
Copy Me Not!
Branding is an important factor in marketing one’s goods and/or services. It is a known tool that could turn one into a popular trendsetter. When it comes to branding, one has to be firm, creative and yes, possessive! In a recent case, the Plaintiff, P.T. Swakarya Indah Busana, sought to invalidate 15 “Martin” trademarks (“the […]
Calvin Klein and Gioven Kelvin Trademark Case
In today’s increasingly competitive world of business, one method that companies have found advantageous in terms of distinguishing themselves and their products from their competitors is through the establishment and building of their brands via trademarks. How else would consumers recognize and identify a particular product or service and make their preferred choice? An established […]
Singapore Update: Rum & Tequila Showdown
By Annette Wong Mention rum and one might have visions of pirates and their grog-drinking ways. Sea-faring adventures aside, rum was interestingly also part of a recent trademark case in Singapore. Rum Creation and Products Inc. (“Applicant”) had applied to protect the following three trademarks in Class 33 for Rum: