Singapore’s ENG Wantan Mee trademark saga has come to an end, with the Ng sisters (daughters of the founder of the ENG’s Wantan Mee) scoring the victory. The dispute arose, when Pauline New, the business partner of the late founder of the original ENG’s Wanton Mee made an opposition against the trademark registration of the terms “榮高”, “ENG’s” as well as a graphical device compromising of the two terms by the Ng sisters. The opposition was for passing-off in that registration of the trademark would lead to confusion with New’s customers and could lead to damage of goodwill and/or reputation of New’s business.

The Singapore IP adjudicator ruled in favour of the Ng sisters, and concluded that the original store under Ms New has since closed down when the Ng sisters registered their trademarks and stated that there can be no good-will that could be associated with the former business and therefore passing-off cannot be proven.

This case illustrates the “hard-line” approach of good-will in the context of the law of passing-off in that one must show that there was good-will attached to the business at the time of the alleged breach, in this case the breach being the registration of the trademark.
Although the saga has closed for now, it is reported that the Ng sisters may pursue further infringement claims against Pauline New and her relevant business partners. Stay tuned for updates, as the saga may continue to unfold.

🔗https://www.asiaiplaw.com/…/ruling-on-wonton-noodles…
🔗https://www.asiaone.com/…/engs-wonton-noodles-feud…