Robert Bosch GmbH v YSH Pte Ltd: Trademark, Copyright Infringement & Settlement Agreement Dispute

Robert Bosch GmbH and Robert Bosch (SEA) Pte Ltd (Plaintiffs) initiated Suit 400 in the High Court of Singapore against YSH Pte Ltd (Defendant) for trademark infringement, passing off, and copyright infringement. The Defendant applied to discontinue the action, claiming a settlement agreement was reached. The Assistant Registrar allowed the application, but the Plaintiffs appealed. Andrew Ang J allowed the Plaintiffs’ appeal, finding that no valid compromise agreement had been reached between the parties. The court found that the Defendant did not fully accept the terms of the settlement offer made by the Plaintiffs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding trademark and copyright infringement. The court found no valid settlement agreement, allowing the appeal against discontinuance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ROBERT BOSCH GMBHPlaintiff, AppellantCorporationAppeal AllowedWon
ROBERT BOSCH (SEA) PTE LTDPlaintiff, AppellantCorporationAppeal AllowedWon
YSH PTE LTDDefendant, RespondentCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Adrian WongRajah & Tann LLP
Andrea BakerRajah & Tann LLP
Nurul AsyikinGateway Law Corporation
Mark GohIntelleigen Legal LLC

4. Facts

  1. Plaintiffs sued Defendant for trademark infringement, passing off, and copyright infringement.
  2. Parties attempted to reach a settlement agreement.
  3. Plaintiffs' solicitors sent a letter (the Offer) with settlement terms to Defendant's solicitors.
  4. Defendant's counsel replied to the Plaintiffs' solicitors, allegedly accepting the Offer.
  5. Defendant applied to discontinue the action based on the alleged settlement agreement.
  6. The Assistant Registrar allowed the Defendant's application.
  7. The Plaintiffs appealed against the Assistant Registrar's decision.

5. Formal Citations

  1. Robert Bosch GmbH and another v YSH Pte Ltd, Suit No 400 of 2010 (Registrar's Appeal No 54 of 2011), [2011] SGHC 148

6. Timeline

DateEvent
Suit 400 filed
Plaintiffs' solicitors sent the Offer letter to Defendant's solicitors
Defendant's counsel replied to the Plaintiffs' solicitors
Defendant applied for Suit 400 to be discontinued
Judgment issued

7. Legal Issues

  1. Trademark Infringement
    • Outcome: Not explicitly ruled upon due to the appeal focusing on the settlement agreement.
    • Category: Substantive
  2. Copyright Infringement
    • Outcome: Not explicitly ruled upon due to the appeal focusing on the settlement agreement.
    • Category: Substantive
  3. Passing Off
    • Outcome: Not explicitly ruled upon due to the appeal focusing on the settlement agreement.
    • Category: Substantive
  4. Breach of Contract
    • Outcome: The court held that no binding compromise agreement was reached.
    • Category: Substantive

8. Remedies Sought

  1. Discontinuance of Action

9. Cause of Actions

  • Trademark Infringement
  • Copyright Infringement
  • Passing Off
  • Breach of Contract

10. Practice Areas

  • Intellectual Property Litigation
  • Commercial Litigation

11. Industries

  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Gay Choon Ing v Loh Sze Ti Terence PeterCourt of AppealYes[2009] 2 SLR(R) 332SingaporeCited for the principles of contract law applicable to compromise agreements, including consensus ad idem, consideration, and intention to create legal relations.
Aircharter World Pte Ltd v Kontena Nasional BhdCourt of AppealYes[1999] 2 SLR(R) 440SingaporeCited for the objective inquiry required to ascertain if an agreement has been reached.
Tribune Investment Trust Inc v Soosan Trading Co LtdCourt of AppealYes[2000] 2 SLR(R) 407SingaporeCited for the objective inquiry required to ascertain if an agreement has been reached.
Chia Ee Lin Evelyn v Teh Guek Ngor Engelin née TanCourt of AppealYes[2004] 4 SLR(R) 330SingaporeCited for the objective inquiry required to ascertain if an agreement has been reached.

13. Applicable Rules

Rule Name
O 21 r 3 of the Rules of Court
O 18 r 19

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Settlement Agreement
  • Compromise Agreement
  • Trademark Infringement
  • Copyright Infringement
  • Passing Off
  • Consensus ad idem
  • Offer
  • Acceptance

15.2 Keywords

  • trademark
  • copyright
  • infringement
  • settlement
  • agreement
  • compromise
  • discontinuance

17. Areas of Law

Area NameRelevance Score
Contract Law90
Breach of Contract80
Copyrights70
Trademarks70
Civil Procedure60
Passing Off60

16. Subjects

  • Intellectual Property
  • Contract Law
  • Civil Procedure