SINGAPORE — Nicholas Tan, the founder of the popular handbag brand Aupen, has been issued correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) for spreading misinformation about the Intellectual Property Office of Singapore (IPOS). The directive, instigated by Minister for Law Edwin Tong, requires Tan to publicly rectify statements made on his personal and Aupen’s business Instagram accounts.
The Allegations
In a series of posts in September, Tan claimed that IPOS advised him not to pursue a trademark dispute with American retailer Target, alleging he would likely lose. He further stated that Singapore’s trademark laws favoured foreign businesses and suggested the impossibility of legal reforms concerning bad faith trademark registrations. These statements have been deemed false, with the government asserting they might undermine public trust in IPOS and local businesses’ rights.
What IPOS Really Said
- IPOS did not discourage Tan from pursuing his trademark dispute against Target.
- The authority confirmed that his trademark registration in Singapore remains valid despite the potential challenges in the US.
- Tan was encouraged to seek independent legal advice regarding his options, rather than receiving a directive to back down.
These clarifications were part of an effort to address the damaging narratives propagated by Tan, which risked misleading local entrepreneurs about their intellectual property rights.
Context of the Dispute
Aupen is facing a potential trademark conflict with Target, which argues that Aupen’s trademark could cause confusion with its own lines. Amidst these circumstances, the handbag brand has garnered attention from several high-profile celebrities, thereby elevating the stakes regarding its brand identity and trademark protections.
Next Steps for Aupen
As part of the correction process, Tan is required to provide a link to IPOS’s clarifications on his social media platforms, reinforcing the distinction between his claims and the facts presented by the authorities.
Why This Matters
The case highlights significant issues surrounding intellectual property in Singapore, illustrating the balance local businesses must strike when engaging in disputes against larger international entities. With the global marketplace growing increasingly interconnected, understanding one’s rights and the implications of trademark registration becomes even more crucial for local entrepreneurs.