The Singapore High Court has handed down a significant ruling in favour of French luxury fashion house Louis Vuitton Malletier, ordering a local merchant to pay S$900,000 in statutory damages for selling counterfeit products. The decision highlights Singapore’s firm commitment to protecting intellectual property rights and deterring the sale of fake goods.
Justice Dedar Singh Gill delivered the judgment on 2 July 2025, condemning Ng Hoe Seng, who operated under the trade name EMCASE SG, for repeatedly distributing fake Louis Vuitton items via Instagram. These included phone cases, wallets, pouches, and watch straps bearing forged Louis Vuitton trademarks such as the renowned LV monogram.
Defiance Despite Legal Notices and Default Judgment
Louis Vuitton first detected the infringement in 2022 and responded by issuing a cease-and-desist letter in March 2023. Ng, however, persisted in selling counterfeit goods through a new Instagram account, prompting the luxury brand to initiate court proceedings in August 2023. Ng did not contest the claims, leading to a default judgment later that year.
Instead of proving actual financial losses, Louis Vuitton pursued statutory damages under Section 31(5)(c) of the Trade Marks Act, which allows for compensation without the need to show precise harm. The brand initially sought damages up to S$2.9 million, referencing a “Canadian Scale” method commonly used abroad to calculate damages per infringement.
Holistic Assessment and Strong Deterrence
Justice Gill declined to adopt the Canadian approach, emphasising that Singapore’s legal framework requires a balanced evaluation beyond mere financial loss. He described Ng’s behaviour as “highly flagrant,” noting the repeated sales of counterfeit items despite warnings.
The court rejected Ng’s argument that his products were “upcycled” from authentic materials, clarifying that such disclaimers do not exempt one from trademark infringement. The judge also underlined the importance of deterrence, stating the award must be substantial enough to discourage similar offences.
Protecting Brand Integrity and Consumer Trust
According to Justice Gill, the use of counterfeit marks deceives consumers and diminishes the exclusivity of the genuine products. He highlighted that statutory damages in Singapore serve both compensatory and punitive functions, protecting both brand owners and the public.
While Louis Vuitton sought damages based on the number of counterfeit marks, the court ruled that statutory limits apply per type of product rather than per trademark, resulting in the final figure of S$900,000. Aggravating factors such as Ng’s lack of cooperation and continued infringement contributed to the severity of the penalty.
Clear Message Against Counterfeiting in Singapore
The ruling sends a strong signal that Singapore takes intellectual property offences seriously. Justice Gill emphasised that disregard for trademark rights will not be tolerated, and the courts will impose strict penalties to uphold the rule of law and safeguard brand reputation.
Members of the public and businesses are encouraged to report suspected counterfeit goods to the Intellectual Property Office of Singapore or the Singapore Police Force to support ongoing efforts against such illegal activities.