In this preliminary report, we will outline the issues of trade mark and the need to protect intellectual property. It will provide some background information on what is an intellectual property and the importance of protecting one’s intellectual property. We will also list out the different intellectual property laws in Singapore which exists and provide a brief summary of each of these laws and their applications. Trade mark and the Trade Mark Act will be given further emphasis in the report with a more detailed explanation. There will also be a brief summary and explanation of two cases of trade mark infringement, which are one local (Nutello vs Nutella), another one will ...view middle of the document...
However, in the local case of Nutella vs Nutello, the opposite happened. The sales figures for products under the “Nutella” mark had increased by 20% each year since the launch of Nutello. The main issue for this case was that by selling their drink under the name of Nutello, the Appellant was confusing people who are familiar with the “Nutella” brand of products. Even though Nutello was a coffee drink, the name was confusing as Nutella is not an English word and therefore, unique and exclusive. By naming the drink Nutello, there was a very obvious connection to Nutella and hence, it was harming the exclusivity and uniqueness of Nutella’s brand.
What these two cases have in common also is that it has generated bad press, depending on how people interpret the case. Gucci can be viewed as a bad guy for suing Guess over a design that is actually very common in the fashion industry as there are general trends in the fashion industry that even Gucci itself follows and that Gucci is no different from Guess.
Guess can also be viewed as unoriginal and trying to ride on Gucci’s swanky image by selling products that are similar and confusing people who can’t tell the difference other than the price tag.
For the local case of Nutella vs Nutello, Nutella can also be seen as a bad guy for suing Appellant even though it had seen an increase of sales of its products since Nutello’s launch.
Appellant’s TCC can also be seen as unoriginal...