City Chain Stores (S) Pte Ltd v Louis Vuitton Malletier
Jurisdiction | Singapore |
Court | Court of Three Judges (Singapore) |
Judge | Chao Hick Tin JA |
Judgment Date | 06 November 2009 |
Neutral Citation | [2009] SGCA 53 |
Citation | [2009] SGCA 53 |
Plaintiff Counsel | Tan Tee Jim SC, Christopher De Souza and Ng Guan Zhen (Lee & Lee) |
Subject Matter | Trade Marks and Trade Names |
Docket Number | Civil Appeal No 150 of 2008 |
Defendant Counsel | Wong Siew Hong and G Radakrishnan (Infinitus Law Corporation) |
Date | 06 November 2009 |
Published date | 12 November 2009 |
6 November 2009 |
Judgment reserved. |
Chao Hick Tin JA (delivering the judgment of the court):
Introduction
Facts leading up to the commencement of the alleged trade mark infringement action
Goods made of precious metals, their alloys or plated therewith, in particular craftwork objects, ornamental objects, tableware, ashtrays, boxes and cases, powder compacts; jewellery, jewellery articles (including fashion jewellery) in particular rings, rings for keys, rings, buckles, earrings, cuff links, bracelets, charms, brooches, chains, necklaces, tie pins, ornamental pins, medallions; timepieces and chronometric instruments including watchstraps, watches, wristwatches, pendulum clocks, pendulettes, alarm clocks, caskets and cases for time pieces.
Whether the Appellant’s Solvil watches infringe ss 27(1) and 27(2) of the Act
Section 27(1) of the Act
Acts amounting to infringement of registered trade mark 27. —(1) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
(2) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign where because —
(a) the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or
(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,
there exists a likelihood of confusion on the part of the public.
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