LOUIS VUITTON MALLETIER v Ng Hoe Seng (formerly trading as EMCASE SG)

[2025] SGHC 122 High Court (General Division) 2 July 2025 • HC/OC 531/2023 ( HC/AD 9/2024 ) • 61 min read
8 cases cited (7 SG, 1 foreign)

Catchwords

Damages — Assessment Intellectual Property — Trade marks and trade names — Remedies — Statutory damages

Practice Areas

Damages Intellectual Property

Judges (1)

Dedar Singh Gill Delivered

Counsel (4)

Ravindran Associates LLP Firm Chan Wenqiang Counsel Claimant Neo Xuan Hao Edwin Counsel Claimant Ravindran s/o Muthucumarasamy Counsel Claimant

Parties (3)

EMCASE SG Third Party Louis Vuitton Malletier Claimant Ng Hoe Seng Defendant

Case Significance

[2025] SGHC 122 is a High Court (General Division) decision dated 2 July 2025 concerning Damages and Intellectual Property, specifically addressing assessment and trade marks and trade names. The judgment was delivered by Dedar Singh Gill. The case was brought by Louis Vuitton Malletier (claimant) against Ng Hoe Seng (defendant). Legal representation was provided by Ravindran Associates LLP. The judgment cites 8 cases (7 Singapore, 1 foreign) and references 4 statutory provisions, including the Australian Copyright Act, the Copyright Act, and the Lanham Act.

Summary

Louis Vuitton sought statutory damages for trade mark infringement after obtaining default judgment against a defendant who sold counterfeit goods through an online platform. The court awarded S$200,000 in statutory damages under s 31(5)(c) of the Trade Marks Act, developing a framework for assessing statutory damages that considered the flagrancy of the infringement, the benefit accruing to the defendant, the need for deterrence, and all other relevant matters.

What was decided in [2025] SGHC 122?

[2025] SGHC 122 (LOUIS VUITTON MALLETIER v Ng Hoe Seng (formerly trading as EMCASE SG)) is a High Court (General Division) decision from 2 July 2025 addressing Damages and Intellectual Property, specifically assessment and trade marks and trade names. The judgment was delivered by Dedar Singh Gill.

Who were the parties in LOUIS VUITTON MALLETIER v Ng Hoe Seng (formerly trading as EMCASE SG)?

The claimant in [2025] SGHC 122 was Louis Vuitton Malletier, and the defendant was Ng Hoe Seng. Legal representation included Ravindran Associates LLP. The case was decided on 2 July 2025 in the High Court (General Division).

Which judge decided [2025] SGHC 122?

[2025] SGHC 122 was delivered by Dedar Singh Gill in the High Court (General Division) on 2 July 2025. The case concerned Damages and Intellectual Property.

What cases and statutes does [2025] SGHC 122 cite?

[2025] SGHC 122 cites 8 prior decisions, including 1 from foreign jurisdictions. It references Australian Copyright Act, Copyright Act, Lanham Act.

Statutes Cited

Australian Copyright Act (Cap 63)
s 115(4)
Copyright Act (Cap 63)
s 119(4)
Lanham Act
s 1117(c)
Trade Marks Act (Cap 332)
s 31(5)(c)

Cases Cited (8)

SG (3)
[2004] SGHC 5 [2014] SGHCR 11 [2015] SGHCR 15
SLR (4)
[2010] 1 SLR 1212 [2014] 1 SLR 911 [2015] 3 SLR 961 [2017] 2 SLR 850
UK (1)
[1975] 1 WLR 819

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGHC 122)