Cigar Affair v Pacific Cigar Company: Trade Mark Offences & Search Warrants
Cigar Affair applied to the High Court of Singapore to set aside two search warrants issued against it based on complaints by The Pacific Cigar Company (Singapore) Pte Ltd regarding trade mark infringements. The court dismissed the applications, finding no defect in the complaint and that the seizure of items and documents was within the scope of the warrants. The court held that mens rea is not required for establishing guilt under s 49 of the Trade Marks Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Cigar Affair's application to set aside search warrants for trade mark offences is dismissed. The court found no defect in the complaint.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cigar Affair | Applicant | Corporation | Application dismissed | Lost | Kirpal Singh |
| Pacific Cigar Company | Respondent | Corporation | Won | Won | Sharmilee Shanmugam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kirpal Singh | Kirpal and Associates |
| Sharmilee Shanmugam | Citilegal LLC |
4. Facts
- Cigar Affair is the applicant seeking to set aside search warrants.
- The Pacific Cigar Company (Singapore) Pte Ltd is the respondent and exclusive distributor of Cuban cigars.
- PCC Singapore received a power of attorney from Corporacion Habanos SA to protect its trade marks.
- Private investigators were engaged to investigate the possible sale of counterfeit cigars by Cigar Affair.
- Operatives purchased a box of Cohiba cigars with the label “Edicion Limitada 2001” from Cigar Affair.
- Mr Callaba concluded that the cigars were counterfeit goods.
- A search warrant was issued authorizing the police to enter the Shop and to seize goods and documents.
5. Formal Citations
- Cigar Affair v Pacific Cigar Company, Cr M 23/2004, [2005] SGHC 108
6. Timeline
| Date | Event |
|---|---|
| Private investigators visited the Shop. | |
| Search warrant issued and executed. | |
| Return hearing. | |
| No 23 was filed to quash the search warrant. | |
| Judgment issued. |
7. Legal Issues
- Trade Mark Infringement
- Outcome: The court found that mens rea is not required for establishing guilt under s 49 of the Trade Marks Act.
- Category: Substantive
- Validity of Search Warrant
- Outcome: The court found no defect in the complaint and that the seizure of items and documents was within the scope of the warrants.
- Category: Procedural
8. Remedies Sought
- Setting aside of search warrants
9. Cause of Actions
- Trade Mark Infringement
10. Practice Areas
- Intellectual Property Litigation
- Criminal Law
11. Industries
- Tobacco
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Heng Lee Handbags Co Pte Ltd v PP | High Court | Yes | [1994] 2 SLR 760 | Singapore | Cited regarding the appropriate mode of application to quash a search warrant. |
| Lance Court Furnishings Pte Ltd v PP | High Court | Yes | [1993] 3 SLR 969 | Singapore | Cited regarding the requirement of mens rea in copyright infringement and the scope of search warrants. |
| SM Summit Holdings Ltd v PP | High Court | Yes | [1997] 3 SLR 922 | Singapore | Cited regarding the test for issuing search warrants and the seizure of documents. |
| Microsoft Corporation v SM Summit Holdings Ltd | High Court | Yes | [2000] 1 SLR 343 | Singapore | Cited regarding the awarding of costs in quasi-civil criminal motions. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 49 Trade Marks Act (Cap 332, 1999 Rev Ed) | Singapore |
| Section 136(1) Copyright Act (Cap 63, 1999 Rev Ed) | Singapore |
| Section 53A Trade Marks Act (Cap 332, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trade mark
- Search warrant
- Counterfeit cigars
- Mens rea
- Infringement
- Seizure
- Reasonable cause for suspecting
15.2 Keywords
- Trade mark infringement
- Search warrant
- Counterfeit goods
- Cigars
- Cohiba
16. Subjects
- Trade Marks
- Criminal Law
- Intellectual Property
17. Areas of Law
- Trade Mark Law
- Criminal Procedure