A June 2022 decision by the Intellectual Property Office of Singapore (IPOS) provided a first instance ruling for a trademark dispute pertaining to the name of a famous noodle shop in Singapore. The IPOS adjudicator ruled that the late noodle shop operator’s children had a right to register trademarks pertaining to the name of their […]
SINGAPORE: Founding Family Keep Trademark Rights to ENG’S Famous Noodle Shop
The Intellectual Property Office of Singapore decided in June 2022 that a deceased noodle shop operator’s children can register trademarks relating to their late father’s shop, in the face of opposition from their father’s former business partner. Ng Ba Eng operated a noodle business from 1962 until his death in 2013. In the 1980s, Ng […]
Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4
A recent decision shows the importance of consumer perception of economic linkages to the likelihood of confusion inquiry. VV Technology Pte Ltd (the applicant) had already registered its mark for goods and services under other classes that overlapped with the opponent’s mark. The applicant then sought to register its mark under Class 42 for several services […]
SINGAPORE: Registrar Rejects Daimler’s Similarity and Passing-Off Claims
In a decision of February 9, 2022, Daimler AG (opponent) failed in its opposition action against Vivo Mobile Communication Co., Ltd (applicant) on grounds of similarity and passing off. The opponent lost principally due to a lack of evidence of use of its mark as registered and, thereby, lack of goodwill in its mark. This […]
A Prefix Can Fix – Apple’s iPad v Xiaomi’s MI PAD
A clash between two tech giants before the Intellectual Property Office of Singapore (IPOS), Apple Inc. v Xiaomi Singapore Pte Ltd [2017] SGIPOS 10, ended when the ruling favored Xiaomi (“the Applicant”) to register the mark ‘MI PAD’ for its computer tablet products in the face of a move from Apple Inc. (“the Opponent”), the […]
The Swiss Don’t Miss in Malaysian Geographical Indications Dispute
The apex court of Malaysia – the Federal Court – recently provided its grounds of judgment in Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestlé Suisse SA v. Maestro Swiss Chocolate Sdn. Bhd. The decision centred primarily on the tort of extended passing off and the Geographical Indications Act. […]
Singapore Trademark Infringement cases -The Own Name Defence is Often no Defence at All
In The Audience Motivation Company Asia Pte Ltd v. AMC Live Group China (S) Pte Ltd, the Singapore Court of Appeal, in a ruling dated April 21, 2016, found in favour of the appellant, thus overturning a decision by the High Court which had dismissed the appellant’s (who was the plaintiff in the earlier suit) […]
“Corrupted Creativity” – Landmark Singapore Decision against Trademark Copycat
Introduction The dramatic growth of electronic healthcare products in Singapore over the past 5 years created a fertile ground for copycat companies to spring up and wage guerilla warfare against established companies (and IP owners) for market share. The recent Singapore High Court decision of OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC […]
‘Mc’ belongs to McDonald’s – McDonald’s wins damages in Malaysia
As a result of a five-year legal tussle between the U.S. Burger chain, McDonald’s Corp. (Plaintiff) and McCurry Restaurant (KL) Sdn Bhd (Defendant), the Malaysian High Court has ruled that “Mc” is the exclusive right and trade mark of fast food giant McDonald’s Corporation. In the statement of claim filed on June 6, 2001, McDonald’s […]