ART ASK AGENCY S.L. v PERSON(S) UNKNOWN RESPONSIBLE FOR THE OPERATION OF E-COMMERCE STORE AT URL “HTTPS://WLDAFENGUAN.ALIEXPRESS.COM/STORE/3254015” WITH SELLER ALIAS “LXS-WL STORE” & 243 Ors

[2023] SGHCR 14 High Court Registrar 28 August 2023 HC/OC 331/2022 ( HC/SUM 1409/2023 )
Cited by 1 case

Key facts

Court High Court Registrar
Decided
Judge Gan Kam Yuin
Charges / claim Civil Procedure
Counsel Drew & Napier LLC, JWS Asia Law Corporation, Darren Low Jun Jie, Lim Gerui, Melinna Teo Jue Luo, Mohammed Reza, Nigel Pereira

Source: [2023] SGHCR 14, High Court Registrar, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (7)

Drew & Napier LLC Firm JWS Asia Law Corporation Firm Darren Low Jun Jie Counsel for the non-party Lim Gerui Counsel for the claimant
Melinna Teo Jue Luo Counsel for the claimant
Mohammed Reza Counsel for the non-party
Nigel Pereira Counsel for the non-party

Parties (2)

Art Ask Agency SL Claimant
Person(s) Unknown (“LXS-WL STORE”) and others Defendant

Case Significance

Art Ask Agency SL v Person(s) Unknown (“LXS-WL STORE”) and others [2023] SGHCR 14 is a grounds of decision of AR Gan Kam Yuin in the General Division of the High Court, delivered on 28 August 2023 in Originating Claim No 331 of 2022 (Summons 1409 of 2023). The claimant, a Spanish company that develops and distributes products for brand owners, had obtained default judgment against the defendants in the US courts on 20 July 2020, under which each of the more than 200 defendants, unknown operators of AliExpress e-commerce stores, was to pay statutory damages of US$50,000 for counterfeit trademark use. The application arose out of an enforcement order under Order 22 of the Rules of Court 2021 to attach debts from a non-party, with disputes over the non-party's entitlement to withhold parts of the attached debts and to costs, and the enforcement order's duration.

Summary

Art Ask Agency SL, a Spanish company, enforced US and Singapore default judgments against over 200 unknown operators of AliExpress stores that sold counterfeit-trademark goods, each ordered to pay US$50,000. In an enforcement application under Order 22 of the Rules of Court 2021 to attach debts held by non-party Alipay Merchant Services, the Assistant Registrar held that only debts "due" when the notice was served were caught, and ordered the non-party to pay costs of $12,000.

What was Art Ask Agency SL v Person(s) Unknown [2023] SGHCR 14 about?

It was an enforcement matter before AR Gan Kam Yuin arising from an order under Order 22 of the Rules of Court 2021 to attach debts from a non-party in relation to more than 200 unknown AliExpress store operators, decided on 28 August 2023.

What was the underlying judgment in [2023] SGHCR 14?

Art Ask Agency SL, a Spanish company, had obtained default judgment in the US courts on 20 July 2020, under which each defendant was to pay statutory damages of US$50,000 for wilful use of counterfeit trademarks on the AliExpress platform.

Statutes Cited

Cited By (1)

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Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHCR 14)