Ng Chu Chong v Ng Swee Choon: Trademark Infringement Dispute After Partnership Dissolution

In Ng Chu Chong trading as Grand Am Fashion Enterprise v Ng Swee Choon and Others, the High Court of Singapore heard an application by Ng Chu Chong for a permanent injunction to restrain Ng Swee Choon and others from dealing in the trademark 'McBlue'. The court granted the injunction, finding that the trademark was partnership property and had been transferred to the plaintiff upon the dissolution of the partnership. The court determined that the defendants infringed the plaintiff's trademark by offering for sale goods bearing the 'McBlue' trademark that were not of the plaintiff's manufacture or origin.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Trademark infringement case involving 'McBlue' after partnership dissolution. Court granted injunction, finding trademark was partnership property transferred to plaintiff.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Chu Chong trading as Grand Am Fashion EnterprisePlaintiffIndividualJudgment for PlaintiffWonLim Kim Hong, Gregory Fong
Ng Swee ChoonDefendantIndividualInjunction GrantedLostAdrian Ee
Chian Han ChuanDefendantIndividualInjunction GrantedLostAdrian Ee
Oh Han KiongDefendantIndividualInjunction GrantedLostAdrian Ee
Chan Yuen HouDefendantIndividualInjunction GrantedLostAdrian Ee
Chian Lian FongDefendantIndividualInjunction GrantedLostAdrian Ee

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lim Kim HongMas & Partners
Gregory FongMas & Partners
Adrian EeRamdas & Wong

4. Facts

  1. Plaintiff and first defendant formed a partnership called Grand Am Fashion Enterprise.
  2. The partnership manufactured and sold fashion apparel under various trademarks, including 'McBlue'.
  3. Plaintiff and first defendant were registered as joint proprietors of the 'McBlue' trademark.
  4. First defendant withdrew from the partnership.
  5. Grand Am was registered as a sole-proprietorship in the plaintiff’s name.
  6. Defendants offered for sale goods bearing the 'McBlue' trademark but not of the plaintiff's origin.
  7. Plaintiff initiated proceedings against the defendants for trademark infringement.

5. Formal Citations

  1. Ng Chu Chong trading as Grand Am Fashion Enterprise v Ng Swee Choon and Others, Suit 1108/2001, [2002] SGHC 39

6. Timeline

DateEvent
Partnership called Grand Am Fashion Enterprise formed
Plaintiff and first defendant registered as joint proprietors of the McBlue trademark
Trademark renewed for a further period of 10 years
First defendant voluntarily withdrew from the partnership
Withdrawal filed in Form D
Receiving and adjudication order made against the first defendant
GA Fashion Apparel partnership registered
Plaintiff's wife informed of Grand Am account being closed and taken over by GA Fashion Apparel
Plaintiff confiscated goods bearing the McBlue trademark
Third defendant filed a police report
Defendants appealed against the decision (Civil Appeal No. 5 of 2001)
Judgment issued

7. Legal Issues

  1. Trademark Infringement
    • Outcome: The court held that the defendants had infringed the plaintiff's trademark by offering for sale goods bearing the 'McBlue' trademark which were not of the plaintiff's manufacture or origin.
    • Category: Substantive
    • Sub-Issues:
      • Unauthorized use of trademark
      • Offering for sale goods bearing trademark without consent
  2. Ownership of Trademark
    • Outcome: The court held that the trademark was partnership property and that the first defendant had transferred her share in the partnership, including the rights over the trademark, to the plaintiff upon dissolution of the partnership.
    • Category: Substantive
    • Sub-Issues:
      • Trademark as partnership property
      • Effect of dissolution of partnership on trademark ownership
      • Transfer of trademark rights
  3. Consequences of Dissolution of Partnership
    • Outcome: The court held that upon the first defendant's withdrawal from the partnership, the partnership was wound up and ceased to exist, and the trademark forming part of the pool of partnership assets would have to be realised for the benefit of all the partners.
    • Category: Substantive
    • Sub-Issues:
      • Effect on partnership property
      • Rights of partners upon dissolution

8. Remedies Sought

  1. Permanent Injunction
  2. Delivery up of infringing goods
  3. Discovery
  4. Inquiry as to damages
  5. Costs

9. Cause of Actions

  • Trade Mark Infringement

10. Practice Areas

  • Trade Mark Infringement
  • Commercial Litigation

11. Industries

  • Fashion
  • Retail

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Alagappa Chettiar v Coliseum CafN/AYes[1962] 28 MLJ 11N/ACited for the principle that a partnership cannot hold property separately in its own name, but must do so via its partners collectively.
Rodriguez v Speyer BrothersN/AYes[1919] AC 59N/ACited for the principle that a partner has no entitlement to claim any particular item of property as his own in the absence of some contrary agreement.
Burdett-Coutts v Inland Revenue CommissionerN/AYes[1960] 1 WLR 1027N/ACited for the principle that a partner has no entitlement to claim any particular item of property as his own in the absence of some contrary agreement.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Trade Marks Act (Cap 332, 1999 Ed)Singapore
Partnership Act (Cap 391, 1994 Ed)Singapore
Trade Marks Act (Cap 332, 1992 Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Trademark
  • Partnership
  • Dissolution
  • Infringement
  • Joint Proprietorship
  • Sole-Proprietorship
  • Goodwill
  • McBlue
  • Grand Am Fashion Enterprise
  • GA Fashion Apparel

15.2 Keywords

  • trademark infringement
  • partnership dissolution
  • McBlue
  • Grand Am Fashion Enterprise
  • injunction

16. Subjects

  • Trade Marks
  • Partnership
  • Intellectual Property

17. Areas of Law

  • Trade Mark Law
  • Partnership Law
  • Intellectual Property Law