In more detail

The dispute arose in September 2022 when Fun with Abacus School Pte Ltd ("Claimant"), the registered proprietor of the "" trademark, alleged trademark infringement arising from a prospectus issued by a school with information about classes run by Lee Mei Lie t/a CY Education Centre ("Defendant").

Following proceedings brought by the Claimant in court, both parties agreed to attempt to mediate their dispute under the WIPO-Singapore ASEAN Mediation Programme.

During the mediation, the Claimant was informed that the prospectus was designed without the Defendant's direct input and clear knowledge, as the Defendant was not involved in the creation and publication of the prospectus. Furthermore, the use of the trademark in the prospectus had ceased since then, and the latter was no longer in circulation.

The parties managed to settle their dispute following joint and private sessions with the mediator and a one-to-one exchange between their representatives in the mediator's presence.

Key takeaways

This case demonstrates the importance of an effective mediator who can, through proper dialogue and encouragement, close the gap between two adversarial parties.

In particular, the mediator was particularly helpful in explaining each party's respective positions and the practical implications flowing from each potential decision contemplated by the parties, thereby allowing them to understand the implications of settling (or not settling).

Mediation offers a confidential and flexible approach, allowing parties to reach mutually agreeable solutions without the uncertainty and costs of prolonged litigation.

The WIPO-ASEAN Mediation Programme provides an effective and efficient platform for parties to resolve their IP disputes. ASEAN parties with IP or technology disputes can apply for WIPO mediation and AMP funding of up to SGD 8,000.

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For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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