Hunter Manufacturing v Soundtex: Design Infringement, Remedies, and Costs

In Hunter Manufacturing Pte Ltd and Another v Soundtex Switchgear & Engineering Pte Ltd, the Court of Appeal of Singapore, on 12 January 2000, addressed the remedies and costs following a judgment in favor of Hunter against Soundtex for infringement of a registered design. The court ordered an inquiry into damages for infringement after 12 June 1997, declined an order for delivery up of infringing goods, and adjusted the cost allocation for the abandoned passing off claim and the dismissed claim of ABB. Soundtex was ordered to pay Hunter's costs for the claim, counterclaim, and appeals.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Order accordingly.

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal addressed remedies for design infringement and cost allocation after Hunter's successful appeal against Soundtex.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ABBAppellant, RespondentIndividualClaim DismissedDismissed
Hunter Manufacturing Pte LtdAppellant, RespondentCorporationAppeal AllowedWon
Soundtex Switchgear & Engineering Pte LtdRespondent, AppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealNo
L P TheanJustice of AppealNo
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Jimmy YimKL Tan & Assocs
Kelvin TanKL Tan & Assocs
Patrick YapKL Tan & Assocs
Tan Tee JimAllen & Gledhill
Corrine TanAllen & Gledhill

4. Facts

  1. Hunter claimed Soundtex infringed its registered design.
  2. Hunter sought an injunction and delivery up of infringing goods.
  3. Hunter abandoned its passing off claim before trial.
  4. ABB was joined as a co-plaintiff with Hunter.
  5. The lower court found innocent infringement before 12 June 1997.
  6. Soundtex was notified of Hunter's design rights on 12 June 1997.

5. Formal Citations

  1. Hunter Manufacturing Pte Ltd and Another v Soundtex Switchgear & Engineering Pte Ltd (No 2), CA 80/1999, [2000] SGCA 3

6. Timeline

DateEvent
Soundtex notified of Hunter's design proprietorship
Court allowed Hunter's claim and granted injunction
Court addressed remedies and costs

7. Legal Issues

  1. Design Infringement
    • Outcome: The court found design infringement and ordered an inquiry into damages for infringement after the date Soundtex was notified of Hunter's design rights.
    • Category: Substantive
  2. Costs
    • Outcome: The court adjusted the cost allocation, ordering Hunter to bear costs for the abandoned passing off claim and declining to order costs against ABB.
    • Category: Procedural
  3. Remedies for Infringement
    • Outcome: The court granted an injunction but declined to order the delivery up and destruction of infringing goods.
    • Category: Substantive

8. Remedies Sought

  1. Injunction
  2. Delivery Up
  3. Monetary Damages

9. Cause of Actions

  • Infringement of Registered Design

10. Practice Areas

  • Intellectual Property Litigation
  • Design Infringement
  • Commercial Litigation

11. Industries

  • Manufacturing
  • Engineering

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mengenthaler Linotype Co v Intertype Co LtdN/AYes[1926] 43 RPC 381N/ACited regarding the purpose of granting relief in design infringement cases, which is to protect the plaintiff, not to punish the infringer.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Registered Design
  • Design Infringement
  • Injunction
  • Delivery Up
  • Costs
  • Inquiry as to Damages

15.2 Keywords

  • design infringement
  • remedies
  • costs
  • intellectual property
  • singapore
  • court of appeal

17. Areas of Law

Area NameRelevance Score
Costs80
Civil Practice70
Registered Design70
Trademarks60
Injunctions60
Damages50

16. Subjects

  • Intellectual Property
  • Civil Procedure
  • Design Law