The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd: Trademark Infringement and Passing Off
In The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd, the Singapore High Court addressed claims of trademark infringement and passing off. The Audience Motivation Company Asia Pte Ltd, providing event management services, sued AMC Live Group China (S) Pte Ltd, an event and concert organization, alleging infringement of its registered trademarks and passing off. The court dismissed the plaintiff's claims, finding that while there was some similarity between the marks, the defendant was entitled to the 'own name' defense under the Trade Marks Act. The court also found that the plaintiff failed to prove goodwill and damage necessary for a passing off claim. The judgment was delivered on 20 March 2015 by Lee Seiu Kin J.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claims dismissed
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding trademark infringement and passing off in event and concert management services. Plaintiff's claims dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Audience Motivation Company Asia Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | |
| AMC Live Group China (S) Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff, The Audience Motivation Company Asia Pte Ltd, is in the business of events management.
- The defendant, AMC Live Group China (S) Pte Ltd, provides event and concert organization services.
- The plaintiff is the registered proprietor of the AMC Asia Mark and the Human Exclamation Mark.
- The defendant used the AMC Group Mark and the AMC Live Mark.
- The defendant's application to register the AMC Group Mark was opposed by the plaintiff and is pending registration.
- The defendant stopped using the name AMC Group and started using AMC Live.
- The plaintiff claimed trademark infringement and passing off.
5. Formal Citations
- The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd, Suit No 677 of 2013, [2015] SGHC 77
- The Audience Motivation Company Asia Pte Ltd v AMC Live Group China (S) Pte Ltd, Civil Appeal No 71 of 2015, [2016] SGCA 25
6. Timeline
| Date | Event |
|---|---|
| The Audience Motivation Company Asia Pte Ltd incorporated | |
| Plaintiff registered domain name amcasia.com | |
| Plaintiff made services available on its website | |
| AMC Live Group China (S) Pte Ltd incorporated | |
| Defendant applied to register the AMC Group Mark | |
| Plaintiff filed applications to register Plaintiff’s Marks | |
| Plaintiff's applications approved | |
| Defendants stopped using the name AMC Group | |
| Statement of claim filed | |
| Defendant changed its name to AMC Live Group China (S) Pte Ltd | |
| Judgment reserved | |
| High Court decision | |
| Appeal allowed by the Court of Appeal |
7. Legal Issues
- Trademark Infringement
- Outcome: The court found that while there was some similarity between the marks and services, the defendant was entitled to the 'own name' defense under s 28(1)(a) of the Trade Marks Act.
- Category: Substantive
- Sub-Issues:
- Similarity of marks
- Similarity of services
- Likelihood of confusion
- Prior use defense
- Own name defense
- Passing Off
- Outcome: The court found that the plaintiff failed to prove goodwill and damage necessary for a passing off claim.
- Category: Substantive
- Sub-Issues:
- Goodwill
- Misrepresentation
- Damage
8. Remedies Sought
- Injunction
- Damages
- Account of Profits
9. Cause of Actions
- Trademark Infringement
- Passing Off
10. Practice Areas
- Intellectual Property Litigation
- Trademark Infringement
11. Industries
- Events Management
- Entertainment
- Marketing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Hai Tong Co (Pte) Ltd v Ventree Singapore Pte Ltd | Court of Appeal | Yes | [2013] 2 SLR 941 | Singapore | Cited for principles governing the comparison between marks for similarity. |
| Staywell Hospitality Group Pty Ltd v Starwood Hotels & Resorts Worldwide, Inc | Court of Appeal | Yes | [2014] 1 SLR 911 | Singapore | Cited for the observation that technical distinctiveness is an integral factor in the marks-similarity inquiry. |
| Sarika Connoisseur Café Pte Ltd v Ferrero SpA | High Court | Yes | [2013] 1 SLR 531 | Singapore | Cited for the principle that a mark which has greater technical distinctiveness enjoys a high threshold before a competing sign will be considered dissimilar to it. |
| The Polo/Lauren Co, LP v Shop In Department Store Pte Ltd | Court of Appeal | Yes | [2006] 2 SLR(R) 690 | Singapore | Cited regarding the distinctiveness of common words included in a registered mark. |
| Doctor’s Associates Inc v Lim Eng Wah (trading as Subway NICHE) | High Court | Yes | [2012] 3 SLR 193 | Singapore | Cited regarding the addition of a word not offsetting visual similarity given the distinctiveness of the subway mark. |
| Festina Lotus SA v Romanson Co Ltd | High Court | Yes | [2010] 4 SLR 552 | Singapore | Cited regarding conceptual similarity where device components of marks evoked the same idea. |
| Compass Publishing BV v Compass Logistics Ltd | England and Wales High Court | Yes | [2004] RPC 41 | England and Wales | Cited regarding infringement involving considering notional use of the registered mark. |
| British Sugar plc v James Robertson & Sons Ltd | England and Wales High Court | Yes | [1996] RPC 281 | England and Wales | Cited for factors to consider in determining similarity of goods. |
| City Chain Stores (S) Pte Ltd v Louis Vuitton Malletier | Court of Appeal | Yes | [2010] 1 SLR 382 | Singapore | Cited regarding the average consumer being the general public for commonly available products. |
| Future Enterprises Pte Ltd v McDonald’s Corp | Court of Appeal | Yes | [2007] 2 SLR(R) 845 | Singapore | Cited regarding the use of the allegedly infringing mark must be in Singapore for the prior use defense. |
| Reed Executive plc v Reed Business Information Ltd | England and Wales Court of Appeal | Yes | [2004] RPC 40 | England and Wales | Cited regarding the own name defense extending to trademark use. |
| Rainforest Coffee Products Pte Ltd v Rainforest Café, Inc | Court of Appeal | Yes | [2000] 1 SLR(R) 725 | Singapore | Cited regarding the bona fide use of name defense being available to a company. |
| Scandecor Development AB v Scandecor Marketing AB | England and Wales High Court | Yes | [2002] FSR 7 | England and Wales | Cited regarding the own name defence extending to companies. |
| Euromarket Designs Inc v Peters and Crate & Barrel Ltd | England and Wales High Court | Yes | [2001] FSR 288 | England and Wales | Cited regarding the own name defence extending to companies. |
| Asprey and Garrard Ltd v WRA (Guns) Ltd (t/a William R Asprey Esquire) | England and Wales Court of Appeal | Yes | [2002] FSR 31 | England and Wales | Cited regarding a trade name other than the company’s own name, newly adopted by the company, cannot entitle the company to the own name defence. |
| Premier Luggage and Bags Ltd v Premier Company (UK) Ltd | England and Wales Court of Appeal | Yes | [2003] FSR 5 | England and Wales | Cited regarding the own name defence not applying to an abbreviation or adaption of that name. |
| Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd | England and Wales Court of Appeal | Yes | [2010] RPC 16 | England and Wales | Cited regarding the own name defence may be available in respect of a trading name as well as the registered corporate name of a company. |
| Mercury Communications Ltd v Mercury Interactive (UK) Ltd | England and Wales High Court | Yes | [1995] FSR 850 | England and Wales | Cited regarding a company might be entitled to raise the own name defence if it was generally known by a name, which is not its registered corporate name. |
| Samuel Smith Old Brewery (Tadcaster) v Lee (t/a Cropton Brewery) | England and Wales High Court | Yes | [2012] FSR 7 | England and Wales | Cited regarding the test for honest practices in industrial or commercial matters. |
| Gillette Co, Gillette Finland Co OY v LA-Laboratories Ltd OY | Court of Justice of the European Union | Yes | [2005] ETMR 67 | European Union | Cited regarding factors to consider in deciding if the use was in accordance with honest practices. |
| Novelty Pte Ltd v Amanresorts Ltd | Court of Appeal | Yes | [2009] 3 SLR(R) 216 | Singapore | Cited regarding the importance of identifying the specific section of the public which the plaintiff claims goodwill exists. |
| The Singapore Professional Golfers’ Association v Chen Eng Waye and others | High Court | Yes | [2013] 2 SLR 495 | Singapore | Cited regarding differences in marks not displacing but aggravating the likelihood of confusion. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Trade Marks Act (Cap 332, 2005 Rev Ed) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 27(2)(a) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 27(2)(b) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 27(3) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 28(1)(a) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 28(2) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 28(3) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) s 9 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trademark Infringement
- Passing Off
- Goodwill
- Misrepresentation
- Likelihood of Confusion
- Own Name Defence
- Prior Use Defence
- Event Management
- Concert Organisation
- AMC Asia Mark
- Human Exclamation Mark
- AMC Group Mark
- AMC Live Mark
15.2 Keywords
- trademark infringement
- passing off
- event management
- concert organisation
- Singapore
- intellectual property
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trademarks | 90 |
| Unfair Competition | 75 |
| Events Management | 50 |
| Business Litigation | 30 |
16. Subjects
- Intellectual Property
- Trade Marks
- Passing Off
- Commercial Law