Meryl Koh featured in WTR on Singapore Court’s landmark upcycling–counterfeiting decision

27 Aug 2025

Our Intellectual Property and Disputes Director, Meryl Koh was quoted in World Trademark Review (WTR) on a landmark decision by the Singapore High Court in Louis Vuitton Malletier v Ng Hoe Seng (formerly trading as EMCASE SG).

In this case, the Court ruled that applying a brand’s trademarks to allegedly “upcycled” goods without authorisation still amounts to counterfeiting, not merely trademark infringement. The Court found that the defendant’s use of Louis Vuitton’s marks on allegedly repurposed products nevertheless created a false representation of origin, and that disclaimers or claims of upcycling were irrelevant. Intention to deceive was inferred from the close resemblance of the marks.

As the defendant had defaulted, Louis Vuitton elected statutory damages instead of proving actual loss. Applying a multi-factorial approach, the Court considered the flagrancy of the infringement, potential loss to the brand, any benefit gained by the infringer, and the need for deterrence. It ultimately awarded S$200,000 in statutory damages—a proportionate sum balancing the limited scale of operations with the importance of preventing similar infringements.

Meryl observed, “The decision showcases the Singapore High Court’s ability to adjudicate upon and assess damages in trademark infringement cases where counterfeit goods are being advertised and sold as ‘upcycled products’ via online platforms, social media influencers and other websites”. As upcycling (alleged or otherwise) becomes increasingly common, this ruling makes it clear that the unauthorised use of a registered trademark in such products amounts to counterfeiting.

Meryl also emphasised that active monitoring remains a cornerstone of effective brand protection programmes, sharing the following strategic takeaways for brand owners:

• Leverage statutory damages in cases where proving actual loss is challenging, particularly for luxury brands at risk of reputational dilution.
• Implement robust monitoring systems using AI, blockchain authentication, NFC chips, QR codes, and digital passports to quickly detect and address infringement.
• Maintain clear records of distribution and sales channels to facilitate swift legal action and strong evidentiary support when counterfeits are discovered.

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