Case Update – Sarika Connoiseur Cafe Pte Ltd v Ferrero SpA [2012] SGCA 56

Introduction

Sarika Connoiseur Cafe Pte Ltd ("the Appellant") is the owner and operator of the The Conoisseur Concerto ("TCC") chain of café outlets in Singapore. The Appellant promoted and offered for sale a coffee beverage containing Nutella hazelnut spread under the NUTELLO sign. Ferrero SpA ("the Respondent") successfully sued for trade mark infringement of its NUTELLA trade mark under Sections 27(2)(b), 55(2), 55(3)(a) and 55(3)(b)(i) of the Trade Marks Act (Cap. 332, 2005 Rev Ed) ("TMA") and for passing off. The Appellant failed on all points of the issues it raised in the appeal and the decision of the High Court was upheld.

The Appeal

(a) Section 27(2)(b) TMA

Section 27(2)(b) provides that: