← All Authorities
Singapore Leading Case passing offtrademarks

Novelty Pte Ltd v Amanresorts Ltd

[2009] 3 SLR(R) 216
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2009
StatusBinding authority

Summary

Singapore Court of Appeal held that passing off requires goodwill, misrepresentation and damage, and clarified the 'relevant sector' test for goodwill of well-known foreign marks in Singapore.

Key Principle

passing off; trade mark; Aman resorts brand; goodwill in Singapore; misrepresentation; damage; well-known mark

Area of Law

ip

Related Cases

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337

Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.

Phonographic Performance Company of Australia Ltd v Commonwealth (2012) 246 CLR 561

Statutory licence scheme for sound recordings validly enacted under constitutional copyright power and did not constitute an unjust acquisition of property.

Roadshow Films Pty Ltd v iiNet Ltd (2012) 248 CLR 42

An ISP that failed to act on infringement notices did not authorise subscribers' copyright infringement via BitTorrent, as it lacked the requisite control over the infringing acts.

Ask CommonBench about this case

Get a detailed analysis of Novelty Pte Ltd v Amanresorts Ltd and how it applies to your situation.

Explain Novelty Pte Ltd v Amanresorts ...