Website SGbuy4u was found selling fake Calvin Klein goods after investigators successfully purchased imitation wallets and underwear from the website.
Calvin Klein’s case against Singapore-based Global PSM marked the first reported suit that involved a summary judgment against a firm selling fake goods online in Singapore.
Global PSM however, claimed that their business model was customer-to-customer service.
Users can search for and buy a variety of goods on the website and after a payment for an item has been made, Global PSM then passes on the order to Chinese shopping website Taobao. After the company has transferred payment, and the item has been delivered in China, it will then be shipped to the customer in Singapore.
Calvin Klein filed cases and asked for summary judgment against Global PSM, freight forwarding company HS International and a Mr. Jeffrey Tan, the owner of the two firms, after two successful purchases.
“The crux of the dispute lies in the proper characterization of the business and the involvement of each of the defendants in those business activities,” said Justice Chan Seng Onn was quoted as saying.
Global PSM’s argument claimed that the company merely served as a courier, pointing the blame for the trademark breaches to original sellers on Taobao.
Prosecution lawyers, however, countered that the SGbuy4u business does more than courier services as it collects payments, buys the fake goods on Taobao and has them delivered to their warehouse.
While Justice Chan had expressed willingness to hold Global PSM accountable for trademark infringement, he ruled that some issues were needed to be clarified in relation to the involvement of the other defendants.
“There is a pressing need for intellectual property law to keep up with technological advances in order to ensure that the law continues to protect intellectual property and rights owners in real and relevant ways,”the judge said.