Battle of the CATs

Caterpillar Inc. ("Caterpillar"), renowned worldwide for the design, manufacture, marketing, distribution and sale of its extensive range of industrial, agricultural, construction, mining and road-building equipment together with parts, accessories and services thereof, recently filed an infringement and passing off suit against an individual, formerly trading as Catplus International, to defend the goodwill and reputation it has built upon its brand, seeking, amongst others, relief by way of an injunction, and an inquiry as to damages, statutory damages or an account of profits.

Caterpillar owns several registered trademarks in Classes 7 and 12 of the Singapore trade marks register and employs a distinctive get-up, the prominent features of which consist of the word "CAT" in white and a yellow triangle device directly beneath the "A", superimposed over a black patch with a red line running across the black patch ("the get-up"). The black patch is located on the yellow body of its