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Staying Well Out of Confusion: Staywell Hospitality Group Pty Ltd v Starwood Hotels & Resorts Worldwide, Inc [2014] 1 SLR 911

Clara Tung

(2014) 26 SAcLJ 309

Abstract:
The registration of a trade mark gives the proprietor exclusive rights to use the trade mark in relation to all goods and services for which the trade mark is registered. In Staywell Hospitality Group Pty Ltd v Starwood Hotels & Resorts Worldwide, Inc [2014] 1 SLR 911, the Singapore Court of Appeal expounded on how courts should give expression to the full extent of these rights when assessing whether the use of a third party’s similar or identical mark is likely to cause the public to be confused as to the source of goods. This case note considers the pros and cons of the Court of Appeal’s strongly pro-mark approach.