Abstract:
Novelty Pte Ltd v Amanresorts Ltd is a landmark decision for Singapore as the decision at first instance was the first case where the Singapore courts have upheld a trade mark that is not registered in Singapore as being well known, and have restrained against its unauthorised use. This article examines the decision of the Court of Appeal in interpreting the requirements of s 55(3)(a) of the Trade Marks Act, and its approach on the issue of how a well-known trademark may be protected under the law of passing off and the Trade Marks Act.