ATMD Wins Judgment for Aman Resorts in a Landmark Trade Marks Case in Singapore



In a landmark decision delivered on 11 May 2007 by the Singapore High Court, Amanresorts' various "AMAN" trade marks including "AMANUSA" were found to be well known trade marks in Singapore.

Represented by Alban Kang and Koh Chia Ling from ATMD, Amanresorts Ltd and Amanresorts International Pte Ltd, which owns and manages 18 luxury resorts worldwide, sued Novelty Pte Ltd, a local property developer for using the name AMANUSA as the name of its condominium project located at Yio Chu Kang Road. AMANUSA is the name of Amanresorts' luxury resort in Bali.

In allowing the claim for passing-off, Justice Tay Yong Kwang found that the use of the AMANUSA name by Novelty Pte Ltd was likely to cause damage to the goodwill of the Amanresorts Group in the Amanusa name by the "insidious process of dilution such that the name loses its uniqueness or, worse, such that the famous name which inspires hushed awe could in future evoke suppressed laughter because of the association with projects that do not exude the same luxury and class or quality of upkeep, especially when residential projects have begun to show their age."

Justice Tay also found that the Amanresorts Group's various AMAN trade marks including the AMANUSA trade mark are well known trade marks under the Trade Marks Act and that the Plaintiffs were entitled to an injunction to restrain the Defendant from using the AMANUSA name as the name of its condominium.

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