Archives for September 2012
It is common knowledge that the use of another person’s trademark without his consent is an act of trademark infringement. However, many may not know that using another person’s trade name or trademark (regardless of whether it is registered) without his consent may also amount to passing off.
Essentially, the tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to his goodwill. In order to establish passing off, the Plaintiff would have to prove the existence of the “Holy Trinity” of Passing Off, namely: Goodwill, Misrepresentation and Damages. However, out of the three, Goodwill is the most crucial element. For without Goodwill, there could be no Misrepresentation, and without Misrepresentation there could be no Damages.
General Arrangement (GA) drawings indicate the main dimensions of a model from the most appropriate viewpoints, which include setting out and check reference dimensions, section sizes, necessary assembly references and/or magnified views of complex details.
These drawings were the highlight of a recent case brought by PH Hydraulics & Engineering Pte Ltd (the plaintiff) against its former employee, Mr Rinov Herawan (second defendant) and his current employer, Intrepid Offshore Construction Pte Ltd (first defendant).