In more detail

Foo Chin ("Applicant") filed an application for a declaration of invalidity against the following trademark registration in Class 43 ("Registered Mark"), belonging to Foo Rang Rou ("Registered Proprietor")

The Registered Mark was used for the famous chicken rice business Yet Con Chicken Rice & Restaurant, which was founded by the parties' late father/grandfather, Foo See Hing, in 1939. The proceedings took place against the backdrop of other related disputes, including the sale of the Property, the rightful ownership of other trademarks and the goodwill of the names "YET CON" and "逸群"; and the purported outstanding sums owed by the Applicant to the Registered Proprietor.

Once the invalidation proceedings had been filed and a case management conference had been conducted, the parties decided to attempt mediation.

Multiple private caucuses were conducted during the mediation sessions to gain greater insights into the parties' sentiments. Key was that the Applicant and the Registered Proprietor's father felt deserving of their share of the business due to their perceived crucial contributions to the family business. 

This resulted in a point during the mediation where parties were fixated on their diametrically opposing perspectives and refused to relent on certain issues, potentially for emotional reasons tracing back many years. Recognizing this, the mediator focused the parties' attention on the future and the need to cooperate and preserve their family's legacy.

The Registered Proprietor's representative particularly appreciated that the mediation process allowed the parties to come face-to-face to resolve their various outstanding issues. Although the parties did not fully settle all the outstanding issues, they managed to reach a consensus on the sale of the Property and an agreement to explore a possible business collaboration involving the "YET CON" brand. 

Key takeaways

This case highlights the potential efficacy of mediation as a mode of alternative dispute resolution, particularly where parties come with an open mind and the willingness to resolve an issue. From the mediator's view, the main challenge in this case was the parties' general distrust of the other's intentions. To reach a solution, the parties needed to look past their personal misgivings and focus on identifying common ground and goals. As proven in other mediations, this can lead to cost, time and resource efficiencies that are not otherwise possible through other forms of dispute resolution.

* * * * *

© 2025 Baker & McKenzie. Wong & Leow. All rights reserved. Baker & McKenzie. Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "principal" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.