Momentum Creations v Tan Eng Koon: Passing Off & Furniture Design Dispute
In Momentum Creations Pte Ltd v Tan Eng Koon trading as De Angeli, the High Court of Singapore ruled in favor of Momentum Creations, a furniture manufacturer, in a passing off action against Tan Eng Koon, who was accused of selling furniture that misrepresented Momentum Creations' products. The court found that Tan Eng Koon's company, De Angeli, had misrepresented their furniture as being associated with Momentum Creations' brand 'OM' and had copied the designs of four specific furniture items. The court granted an injunction against Tan, preventing him from using Momentum Creations' leaflets and names for furniture items, and ordered an account of profits.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Tort
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Passing off case where Momentum Creations sued Tan Eng Koon for selling similar furniture. Court ruled in favor of Momentum, finding Tan guilty of misrepresentation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Momentum Creations Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | Samuel Chacko |
| Tan Eng Koon trading as De Angeli | Defendant | Individual | Judgment against Defendant | Lost | Foo Soon Yien |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Samuel Chacko | Colin Ng & Partners |
| Foo Soon Yien | Arthur Loke Bernard Rada & Lee |
4. Facts
- The Plaintiffs, Momentum Creations, manufactured and sold furniture under the OM mark.
- The Defendant, Tan Eng Koon, sold furniture under the name De Angeli.
- De Angeli sold four items of furniture visually similar to Momentum Creations' items: 'Case', 'Globe', 'Catena', and 'Graves'.
- De Angeli's sales representatives used Momentum Creations' brochures to sell their furniture.
- De Angeli's sales representatives misrepresented that De Angeli was the manufacturer or supplier of OM furniture.
- Private investigators recorded De Angeli's sales representatives making false statements about their connection to OM.
- De Angeli copied the designs of the four furniture items from Momentum Creations.
5. Formal Citations
- Momentum Creations Pte Ltd v Tan Eng Koon trading as De Angeli, Suit 787/2000, [2001] SGHC 142
6. Timeline
| Date | Event |
|---|---|
| Tan Eng Koon started furniture business under the name of St Louis Furniture | |
| Tan Eng Koon started furniture business under the name of De Angeli | |
| Momentum Creations Pte Ltd incorporated | |
| Momentum Creations started using the OM name | |
| Momentum Creations received complaints about De Angeli | |
| Lam Chee Wai and Teo Hui Ging visited De Angeli's booth at Singapore Expo | |
| Commercial Investigation operatives visited the 2nd Singapore Home & Garden Exhibition at the Singapore Expo | |
| Commercial Investigation operatives visited the Home Concepts Exhibition at the Singapore International Convention & Exhibition Centre | |
| Interim Injunction Order granted against De Angeli | |
| Operatives purchased a sofa from De Angeli | |
| Leong Chien Hng and Chow Huar Hong visited De Angeli Showroom at Henderson | |
| Interlocutory injunction order issued | |
| Interim Injunction Order replaced by another Order | |
| Leong Chien Hng, Chong Ban Leong, and Samantha Chiam Hwee Theng visited De Angeli showroom at World Trade Centre and Henderson | |
| Tan Chia Huat and Philip Tan See Wei visited St Louis exhibition booth at the Singapore Expo and Suntec City Exhibition Hall | |
| Judgment granted against the Defendant | |
| Defendant filed a Notice of Appeal | |
| Decision Date |
7. Legal Issues
- Passing Off
- Outcome: The court found that the Defendant had engaged in passing off by misrepresenting their furniture as being associated with the Plaintiff's brand and copying the designs of specific furniture items.
- Category: Substantive
- Sub-Issues:
- Misrepresentation
- Goodwill
- Damage to Goodwill
- Related Cases:
- [1994] 3 SLR 308
- Goodwill
- Outcome: The court found that the Plaintiff had established goodwill in the OM name and the names of the four furniture items.
- Category: Substantive
- Related Cases:
- [1901] AC 217
8. Remedies Sought
- Injunction
- Account of Profits
9. Cause of Actions
- Passing Off
10. Practice Areas
- Commercial Litigation
- Intellectual Property Litigation
11. Industries
- Furniture
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Bristol Conservatories Ltd v Conservatories Custom Built Ltd | N/A | Yes | [1989] RPC 455 | N/A | Cited as helpful in determining goodwill where the defendants’ salesmen showed prospective customers a portfolio of photographs of the plaintiffs’ conservatories as if they were photographs of the defendants’ design and workmanship. |
| Jarman & Platt Ltd v I. Barget Ltd & Others | N/A | Yes | [1977] Fleet Street Patent Law Reports 260 | N/A | Cited for the proposition that exclusivity is required for a valid cause of action for passing off, but this requirement is no longer the law. |
| Erven Warnink v Besloten Vennootschap & another v J. Townend & Sons (Hull) Ltd & another | N/A | Yes | [1979] AC 731 | N/A | Cited to show that exclusivity is not one of the characteristics needed for a valid passing off action. |
| J. Bollinger v Costa Brava Wine Co. Ltd | N/A | Yes | [1960] Ch 262 | N/A | Cited as the reference to the champagne case. |
| Tessensohn v John Robert Powers School Inc | N/A | Yes | [1994] 3 SLR 308 | Singapore | Cited for the three essential elements to the tort of passing-off: (i) goodwill attached to the plaintiff’s goods or services, (ii) a misrepresentation that the plaintiff’s goods or services are the defendant’s, and (iii) damage to the plaintiff’s goodwill as a result of the misrepresentation. |
| IRC v Muller & Co’s Margarine Ltd | N/A | Yes | [1901] AC 217 | N/A | Cited for the definition of goodwill. |
| Future Enterprises Pte Ltd v Tong Seng Produce Pte Ltd | N/A | Yes | [1998] 1 SLR 1012 | Singapore | Cited for the submission that Momentum Creations did not produce a survey to establish the goodwill of OM and the names of the four items in question. |
| Alteco Chemical Pte Ltd v Chong Yean Wah | N/A | Yes | [2000] 1 SLR 119 | Singapore | Cited for the view that trading, however short, may be sufficient to establish goodwill. |
| Electro Cad Australia Pty Ltd & ors v Mejati RCS Sdn Bhd & Ors | N/A | Yes | [1998] 3 MLJ 422 | N/A | Cited for the view that actual trading is not necessary to establish goodwill. |
| Wertheimer v Stewart, Cooper & Co | N/A | Yes | [1906] Reports of Patent, Design and Trade Mark Cases Vol XXIII No 22, 481 | N/A | Cited by Ms Foo, but the facts in that case were quite different from those before the court. |
| G. Hensher Ltd v Restawhile Ltd | N/A | Yes | [1973] 1 WLR 144 | N/A | Cited by Ms Foo, but the passage was not applicable as Momentum Creations were not relying on the similarity of shape alone to establish passing off. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Passing Off
- Goodwill
- Misrepresentation
- OM mark
- Case sofa
- Globe sofa
- Catena sideboard
- Graves coffee table
- Leaflets
- Furniture design
15.2 Keywords
- passing off
- furniture
- intellectual property
- trademark
- goodwill
- misrepresentation
16. Subjects
- Intellectual Property
- Passing Off
- Furniture Design
17. Areas of Law
- Tort
- Passing Off
- Intellectual Property Law