In more detail
Beauty Nation Pte. Ltd. ("Beauty Nation") is a Singapore-incorporated company in the business of developing, marketing, and selling health products. It has established four product lines under the following registered trade marks:
Kiong Onn Medical Hall Pte. Ltd. ("KOMH") is a Singapore-incorporated company in the business of selling and distributing traditional Chinese medicine supplements. In 2021, KOMH entered into a consignment agreement with Root King Pte. Ltd. to distribute products under Beauty Nation's brands.
The dispute arose in March 2023 when Beauty Nation claimed that KOMH had infringed its trade marks and copyright by affixing the watermark "theherbalpharmacy.com" to images created by Beauty Nation and failing to reference Beauty Nation when listing its products for sale online. KOMH claimed that Beauty Nation had consented to the products being marketed in Singapore and highlighted that these were obtained from an authorised sales representative.
After multiple exchanges of correspondence between the Parties' lawyers and proceedings initiated by Beauty Nation in court, both Parties agreed to attempt to mediate their dispute under the AMP.
The parties managed to settle their dispute following mediation, which involved joint sessions, private meetings with the mediator, and a cross-caucus, allowing the parties to express their emotions and focus on their interests.
Key takeaways
This case demonstrates the importance of an effective mediator who can bridge gaps between adversarial parties. The Mediator drew on the lawyers' expertise who played crucial roles in facilitating the resolution of the dispute.
They offered valuable insights into the potential consequences associated with each course of action and assisted to clarify legal terms and concepts. This collaboration fostered an environment where the Parties felt supported and empowered to engage more actively in the discussions.
The Mediator's ability to manage strong emotions, encourage open communication, build rapport between the parties, and highlight the realities of litigation helped the parties reach a mutually acceptable outcome.
The WIPO-ASEAN Mediation Programme offers an effective and flexible approach to resolving IP disputes, with funding support of up to SGD 8,000.
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