Chinese Calligraphy Society v Khoo Seng Kong: Passing Off Dispute
The Chinese Calligraphy Society of Singapore sued Khoo Seng Kong in the High Court of Singapore on 30 July 2008, alleging passing off. The Society claimed that Khoo Seng Kong's use of the name 'Singapore Calligraphy Centre' was confusingly similar to the Society's use of the same name for its building and activities, thereby damaging the Society's reputation and fundraising efforts. The court ruled in favor of the Society, granting the injunctions and ordering an assessment of damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Chinese Calligraphy Society sued Khoo Seng Kong for passing off, alleging he used a confusingly similar name. The court ruled in favor of the Society.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Chinese Calligraphy Society of Singapore | Plaintiff | Association | Judgment for Plaintiff | Won | |
| Khoo Seng Kong | Defendant | Individual | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff is a society registered under the Societies Act since 1968.
- The plaintiff adopted the name Singapore Calligraphy Centre in 1994 for its building.
- The plaintiff has been using the name Singapore Calligraphy Centre since 1995.
- The defendant registered a sole proprietorship with the name Singapore Calligraphy Centre in 2005.
- The defendant used to be a member of the plaintiff.
- The plaintiff claims the defendant's use of the name caused confusion and diverted funds.
- The plaintiff's funding comes from government grants and public donations.
5. Formal Citations
- The Chinese Calligraphy Society of Singapore v Khoo Seng Kong, Suit 481/2006, [2008] SGHC 121
6. Timeline
| Date | Event |
|---|---|
| Society registered under the Societies Act | |
| National Arts Council agreed to lease building to plaintiff | |
| Plaintiff adopted the name Singapore Calligraphy Centre | |
| Plaintiff moved into the building | |
| Singapore Calligraphy Centre declared open | |
| Defendant registered sole proprietorship | |
| Plaintiff's member informed president of defendant's use of name | |
| Plaintiff's president registered company known as Singapore Calligraphy Centre (1995) | |
| Plaintiff's solicitors sent letter to defendant | |
| Judgment issued |
7. Legal Issues
- Passing Off
- Outcome: The court ruled in favor of the plaintiff, finding that the defendant had passed off his business as being associated with the plaintiff.
- Category: Substantive
- Related Cases:
- [1990] 1 WLR 491
- [2000] 3 SLR 145
- [1998] 2 SLR 550
8. Remedies Sought
- Injunction to restrain passing off
- Mandatory injunction to terminate registration of sole proprietorship
- Delivery up of printed or written matter
- Assessment of damages or account of profits
9. Cause of Actions
- Passing Off
10. Practice Areas
- Intellectual Property Litigation
11. Industries
- Arts and Culture
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Reckitt & Colman Products Ltd v Borden Inc | N/A | Yes | [1990] 1 WLR 491 | N/A | Cited for the three elements required to establish passing off: goodwill, misrepresentation, and damage. |
| Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd | N/A | Yes | [2000] 3 SLR 145 | Singapore | Cited for the three elements required to establish passing off: goodwill, misrepresentation, and damage. |
| The Clock Ltd v The Clock House Hotel | N/A | Yes | (1936) 53 RPC 269 | N/A | Cited as an example of acquiring goodwill in a name used for a building where business is carried out. |
| CDL Hotels International Ltd v Pontiac Marina Pte Ltd | Court of Appeal | Yes | [1998] 2 SLR 550 | Singapore | Cited for the principle that parties in a passing off action need not be in mutual competition and that geographical names can be distinctive. |
| British Legion v British Legion Club (Street) Ltd | N/A | Yes | (1931) 48 RPC 555 | N/A | Cited to show that a social club could be viewed as connected in some way with a charitable organization. |
| Jumbo Seafood Pte Ltd & Anor v Hong Kong Jumbo Seafood Restaurant Pte Ltd | N/A | Yes | [1998] 1 SLR 860 | Singapore | Cited for the principle that even without intention to cause confusion, liability can still arise if the use of names is likely to cause confusion. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Property Tax Act (Cap 254, 2005 Rev Ed) s 52(2)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Passing off
- Goodwill
- Misrepresentation
- Singapore Calligraphy Centre
- Chinese Calligraphy Society of Singapore
15.2 Keywords
- Passing off
- Chinese Calligraphy Society
- Singapore Calligraphy Centre
- Intellectual Property
- Goodwill
- Misrepresentation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Passing Off | 95 |
| Torts | 75 |
| Injunctions | 30 |
| Company Law | 20 |
| Business Law | 20 |
| Corporate Law | 20 |
| Societies Law | 15 |
| Contract Law | 10 |
| Administrative Law | 10 |
16. Subjects
- Intellectual Property
- Passing Off
- Tort Law