Singapore’s Supreme Court has dismissed an appeal from Burberry and Louis Vuitton against a High Court ruling that found freight company, Megastar Shipping, not liable for trademark infringement.
The counterfeit goods from both brands were shipped from China and were intended for Indonesia, but were seized by customs in Singapore.
Both Burberry and Louis Vuitton sued Megastar Shipping for trademark infringement by way of importing/exporting the counterfeit goods.
Both lost a High Court battle after the judge ruled that the counterfeit goods were imported but that Megastar was not the importer. The judge also ruled that due to Singapore not being the intended destination, as they were instead seized by customs, then an intention to export was insufficient.
Burberry and Louis Vuitton both took the option to appeal the judge’s decision, but the Supreme Court opted to affirmed the High Court’s ruling that Megastar had not infringed and dismissed both brand’s appeals with costs.
Burberry declined to comment.