US giant loses to S'pore snack chain
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The American owner of sandwich giant Subway has lost its trademark infringement suit against Singaporean snack chain Subway Niche.
In a 46-page written judgement yesterday, High Court judge Judith Prakash ruled in favour of Subway Niche’s sole proprietor Lim Eng Wah.
Justice Prakash ruled that although Subway Niche’s trademark is similar to that of Subway’s, there was no real evidence of a likelihood of confusion on the part of the public.
The judge noted that Lim, who set up his first stall in 1987, had taken pains to distinguish his goods from Subway’s.
Subway Niche sells prepackaged sandwiches made from sliced bread and ingredients like egg, tuna and ham.
Subway’s ‘submarine’ sandwiches, on the other hand, are prepared fresh from individual bread rolls and different ingredients ranging from simple egg and tuna, to teriyaki chicken.
Although Subway asserted that Subway Niche only started selling sandwiches in 2001, Justice Prakash accepted that Lim had started selling sandwiches and nonya kueh before Subway registered its trademarks in Singapore in 1989.
Subway’s owner, Florida-based company Doctor’s Associates, was ordered to pay legal costs to Lim.
The American company has been selling ‘submarine’ sandwiches under the Subway name since 1967. At present, there are 34,891 Subway stores in 98 countries.
Subway Niche began in 1987 as an outlet in Wisma Atria. As of December 2009, there were eight Subway Niche outlets, one of which was a restaurant-style cafe. In 2007, Lim received a ‘cease-and-desist’ letter from Doctor’s Associates, alleging that he had infringed its trademark. He denied any infringement and rejected Subway’s demands.
