Singapore Court of Appeal Affirms Protection of Well Known Marks

摘要

Novelty Pte Ltd vs. Aman Resorts Ltd establishes once and for all that famous well known marks for brands developed outside of Singapore can be protected even if the marks have not been registered in Singapore. Further, despite having a limited customer base in Singapore, a company may still prove that it has established goodwill, thereby satisfying a requirement under the common law action of passing off. Alternatively, an owner may rely on s 55 of the TMA to prove infringement of a well known mark in Singapore should it find the existence of goodwill too difficult to prove.