This website uses cookies to ensure you have the best experience. Learn more

Singapore Court Of Appeals Found ‘Nutello’ Guilty Of Infringing ‘Nutella’ Trademark

650 words - 3 pages

Singapore Court of Appeals found ‘Nutello’ guilty of infringing ‘Nutella’ trademark.
Sarika Connoisseur Café (the Appellant) is the owner of the “TCC – the coffee connoisseur” café chain in Singapore. The Appellant came up with a new espresso-based drink called “Nutello”, in August 2007. The drink contained Ferrero SpA (the Respondent)’s chocolate-based hazelnut spread, sold under the trademark “Nutella” as one of its ingredients. Ferrero SpA had successfully sued for trade mark infringement of its “Nutella” trade mark under Sections 27(2)(b), 55(2), 55(3)(a) and 55(3)(b)(i) of the Trade Marks Act (Cap. 332, 2005 Rev Ed) (“TMA”) and for passing off.
The Singapore Court of Appeal, found the “Nutello” mark to be confusingly similar to the “Nutella” mark and that, the Appellant have indeed infringed on the Respondent’s famous trademark. “Nutella”, is an invented word which is unique and highly distinctive. The Court of Appeal ...view middle of the document...

Trademark infringement case (Overseas)
Gucci VS Guess
In 2009, Gucci first filed a suit against Guess, accusing that Guess designs and marks infringed on five of Gucci’s trademarks. Gucci wanted an injunction and was attempting to claim $120 million in damages. The judge granted Gucci injunctive relief and a small fragment of the damages sought 3 years later, in 2012. Gucci is an Italian fashion company, and is one of the largest companies and most recognizable luxury and goods brands in the world today. Guess is an American fashion company, and is aimed towards the middle class.
The first case was taken place in USA, New York and the second case took place in Italy, Milan. However, the Milan court’s decision was in favour of Guess and Gucci lost the law suit in 2013.
The five Gucci trademarks are, first, a Green-Red-Green stripe used on handbags, luggage, and different leather goods; second, a repeating double ”G” pattern consisting of a pair of inward facing, inverted “G”s; third, that pattern’s use in conjunction with a diamond; fourth, a stylized “G”; and fifth, a script mark bearing the brand’s name. The corresponding Guess marks were, first, multiple three colored stripes, including the Green-Red-Green stripe, used on some of its shoes; second, a trademarked a “Quattro G” logo and pattern consisting of four interconnected “G”s; third, the use of this pattern rotated 45 degrees clockwise and surrounded by a stitched diamond-shaped border; fourth, a square stylized “G”; and fifth, a script mark bearing the brand’s name.
The judge granted Gucci injunctive relief banning Guess from using the Quattro G Pattern in brown/beige, a Green-Red-Green Stripe (but not stripes with other colors), and certain Square G marks. Guess was allowed to continue using the other designs. In terms of damage relief, the judge held Gucci was only entitled to an accounting of profits and limited the damages to those financial gains gained in sales of goods with the Quattro G pattern in brown/beige color design and the Green-Red-Green stripe. Thus, out of the $120 million claim, the judge only granted Gucci a payout of $4.648 million, which was then reduced to $456,183.

Find Another Essay On Singapore Court of Appeals Found ‘Nutello’ Guilty of Infringing ‘Nutella’ Trademark

Conscience of a Guilty Man Essay

2212 words - 9 pages ability to show sympathy. The narrator takes pride in his act, in obsessing over the old man like an animal, and even brags about obligating the perfect murder. He becomes human, however, when he begins to feel guilty about what he has done. The narrator of this short story had just murdered a man and hid him under the floorboards of the old man’s own home, and had spent an amount of time, as he talks about it in the beginning of the story, trying

The Battle Of Singapore Essay

923 words - 4 pages The fall of SingaporeA brief overviewThe fall of Singapore, also known as the battle of Singapore, was a 15 day long military campaign involving the invasion of Singapore by the Japanese imperial army. This occurred in February of 1942, right in the middle of World War II. The capture and fall of Singapore to the Japanese led surrender by the British and many deaths, damage and also prisoners of war being taken.When did this even take place?The

Economy of Singapore

1310 words - 5 pages Introduction In this essay we look in-depth on how government strategies and economic policy play a crucial role in the success of High Performance Asian Economies (HPAEs) during 1960 to 1990 (World Bank 1993).There are eight countries within HPAEs: South Korea, Taiwan, Hong Kong, Singapore, Thailand, Malaysia, Indonesia and Japan. Its economic development has significantly rise that it was name ‘East Asia Miracle’ (World Bank, 1993). Out of

The Battle of Singapore

2932 words - 12 pages valuable naval base that was located on the island. Japan would also use the island to control the essential Malacca Strait, as well as gain access to the rich natural resources found in the southeast of Asia. The battle was also an operational center for Japan because the defeat of Singapore was significant to the overall conquest of the Malaya campaign . Yamashita’s every effort in this campaign was aimed at the ultimate conquest of Singapore

Legal Framework of Singapore

1509 words - 7 pages Legal Employment Framework - Employment Act (Chapter 91) The Employment Act in Singapore is an act that covers every employee who is under the contract of service to their employer except employees engaged under managerial and executive levels or domestic workers. If either party intends to end the contract, they may do so with a notice of their motive of termination. Employees may need to serve a notice period before leaving, which ranges from

Appeals of the Smirnoff Vodka Advertisement

1228 words - 5 pages their product and catch consumers' attention among hundreds of competitors? Some of them abandon the old style of advertisement and present their products in ways different from the tradition, which appeal readers by reviving their latent desires through covert or overt means. In this advertisement of the Smirnoff vodka from a male magazine, advertisers promote their products by applying several skillful techniques and appeals which implicate with

The Apology of Socrates: Guilty or Innocent?

954 words - 4 pages The Apology of Socrates: Guilty or Innocent?    In any case of law, when considering truth and justice, one must first look at the validity of the court and the system itself.  In Socrates' case, the situation is no different.  One may be said to be guilty or innocent of any crime, but guilt or innocence is only as valid as the court it is subjected to.  Therefore, in considering whether Socrates is guilty or not, it must be kept in mind

concience of guilt vs a guilty concience

797 words - 4 pages stands ajar for evil to enter. In my hand, holds the keys of choice. So I build a perimeter and lock the door. Becoming deaf to the shrewd incubus voice. Inside of the walls fear is dead. Abused prosperity is allowed to abound. But drafts of reality tend to trespass. Pulled by gravity of life, I’m left naked and found.’ Given these examples, of conscious guilt with seemingly no guilty conscience and the example of conscious guilt with a guilty conscience, one can see that although the two words are very similar in sound and definition, there are very separate of the two. Works Cited Webster dictionary

Were the English Colonists Guilty of Genocide?

629 words - 3 pages The early 1600s brought the first European settlers to the Americas, and on arriving they found the land inhabited by thousands of Native Americans. The colonists' lack of knowledge about the land and people led to a series of disputes to ensure the colonists' safety. Unfortunately, this eventually led to genocide, an act of hatred directed towards the natives, but undeniable because overtime the colonists began to kill for sport rather then

The Guilty of the Two in Macbeth

1776 words - 7 pages     In Shakespeare's tragedy Macbeth neither the Lady nor Macbeth himself is ever able to reach a compromise with their guilty consciences. And the results are fatal for them both. A.C. Bradley in Shakespearean Tragedy demonstrates the guilt of Macbeth from the very beginning: Precisely how far his mind was guilty may be a question; but no innocent man would have started, as he did, with a start of fear at the mere prophecy of a crown

A cultural study of Singapore

1708 words - 7 pages 17,000 graduates would be needed to service the economy, and yet only 8,000 were enrolled in Singapore schools (Nye), and many of those students were looking overseas for careers in the "First world" ( It seems their reverence for western ways may backfire, taking their top talent to the United States and Japan.In the business of venture capital, it seems the new ideas sprung out of Singapore's minds have found a home overseas as well

Similar Essays

Certiorari To The Court Of Criminal Appeals Of Texas

3619 words - 15 pages Smith v. Texas CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Mark Anthony Bolden Jr. 2nd Period I Introduction LaRoyce Lathair Smith was convicted of capital murder and after some time being in court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with whether or not the death penalty should be nullified due to the jury’s improper instruction, how weak the two special issues are in

Overview Of Canadian Trademark Law Essay

1256 words - 5 pages A trademark is most often known as a symbol, word, or phrase that is used in commerce to distinguish a particular seller’s wares from that of another ("Trade-marks Act")( Wensley & Caraway). The protection of trademarks within the Canadian trademark law is not only emphasized within the Trade-marks Act, but also decreed under common law, similarly known as the rulings dictated by federal judiciaries ("Canadian trademark law"). This implies that

Justification Of Guilty Essay

756 words - 4 pages could not make a crime. He had a free will to choose, join or not. Here he could follow to personal morality and follow to feelings. We see that his personal getting an idea of Nazi was straight spiritual and significant. We can notice it on the court, he says that he would make a holocaust on his members of family too, if their guilty was proved. So in other hands it is debatable point, we can not judge , because might be that meaning of morality

Hamlet Is Guilty Of Murder Essay

617 words - 2 pages Sadly, I am of the opinion that Hamlet is guilty of the murders of Polonius and Claudius.I wish that I could say he is not, but it would be a lie. Hamlet is calculating, cunning, and sly. From the moment his father died, and his mother remarried his father’s brother, he has been scheming. He knew something was amiss, and he would do anything to get to the bottom of it. Here are the reason’s why I know this is true. After Hamlet’s mother became