Just recently, Singapore High Court dismissed a trade mark infringement claim stating that to establish a case for trade mark infringement under Trade Mark Acts (“TMA”), three elements must be fulfilled. Firstly, the trade marks must be similar visually, aurally and conceptually; secondly, the trade marks must be used in relation to similar goods and services; and lastly, there must exist a likelihood of confusion on the part of public.

The Court was of the opinion that Plaintiff’s Luke’s Osyter Bar and Defendant’s Luke’s Lobster is not confusing similar noting that commonly used name like “Luke’s” has low distinctiveness, especially the name had been used by various entities in their registered trading names.