Damages for trade mark infringement in Singapore

Abstract

This chapter analyses two decisions from the Singapore High Court, namely, Louis Vuitton Malletier v Cuffz (Singapore) Pte Ltd SGHCR 15 and Cordlife Group Ltd v Cryoviva Singapore Pte Ltd SGHCR 5. In both cases, liability for trade mark infringement was no longer an outstanding issue for determination. It examines the courts’ approaches in relation to the assessment of damages under each respective category of damages. The chapter considers the issue of whether exemplary damages could be awarded in relation to trade mark infringements. A successful claimant of a trade mark infringement action in Singapore would have a range of pecuniary and non-pecuniary remedies available to him under the Singapore Trade Marks Act. Non-pecuniary remedies include an order for erasure, removal, or obliteration of an offending sign from any infringing goods, material or articles, an order for delivery up of infringing goods, material or articles, an order as to disposal of infringing goods, material or articles, and an injunction.