foodpanda alleges that HungryPanda Ltd’s marks are visually and aurally similar to its registered trademarks.
Two “pandas” are duking it out in court over the use of the animal’s imagery and name for their food delivery businesses.
Germany-incorporated foodpanda is alleging that HungryPanda SG, a company targeting Chinese consumers outside China, infringed on its trademarks.
HungryPanda SG is the Singapore subsidiary of UK-based HungryPanda Ltd, which was founded in 2016 by Eric Liu.
The company, which focuses on delivering food from Chinese restaurants and Asian grocery stores, raised US$70 million a year ago to expand the use of its Chinese-language app to more consumers.
HungryPanda Ltd filed an application for its logo trademark in Singapore on Aug 13, 2020, according to a public database maintained by the Intellectual Property Office of Singapore. The mark was published for public scrutiny thereafter, and foodpanda filed an opposition against the application on Dec 8.
HungryPanda Ltd filed a separate application for the “HungryPanda” mark on Nov 16, 2020.
In court papers obtained by The Business Times, foodpanda alleged in June this year that HungryPanda Ltd’s marks are visually and aurally similar to its registered trademarks.
foodpanda, which is owned by Germany-listed Delivery Hero, filed an application in Singapore for the “foodpanda” mark in August 2012. It filed another application for the mark in October 2015 for another class of goods or services.
In April 2018, a trademark application was filed for a pink panda logo.
foodpanda said the term “panda” and the panda visual are distinct because of substantial advertising by foodpanda, and the extent of use of its registered trademarks over a long period of time.
Furthermore, both HungryPanda Ltd’s marks and foodpanda’s trademarks are conceptually similar as they relate to food and pandas. “Consumers are unlikely to scrutinise the parties’ products and services and hence, may mistake (HungryPanda’s) services/
products as and for (foodpanda’s) services/products,” said foodpanda in its legal submission.
foodpanda is claiming an order for the delivery and destruction of all of HungryPanda SG’s products that bore the marks, and an order to remove the marks from HungryPanda SG’s goods and services.
It is also claiming an inquiry as to damages suffered by foodpanda as a result of the infringement, or an account of profits by HungryPanda SG.
In a defence submission dated June 29, 2021, HungryPanda SG said many entities use trademarks with panda images or devices in the food and beverage space in Singapore.
“In fact, there is a significant number of such panda trade marks on the Singapore trade marks register,” it said, while denying that foodpanda’s trademarks are similar to those for which HungryPanda Ltd filed applications.
It added that HungryPanda Ltd’s food delivery business targets a niche and specialised consumer market, and there is no likelihood of confusion from consumers.
Furthermore, the marks for which HungryPanda Ltd filed applications have not even been used by HungryPanda SG in Singapore, HungryPanda SG said.
foodpanda had alleged that HungryPanda SG used the marks on its services as depicted on its website www.hungrypanda.co and on its App Store and Google Play mobile applications.
But the website was developed and launched by HungryPanda Ltd in 2016, argued HungryPanda SG. It said it is not responsible for the content of the website.
foodpanda had also alleged that HungryPanda’s services are advertised on a Facebook page (facebook.com/HungrypandaUSA) and Instagram page (@hungrypanda_official). These websites bore HungryPanda Ltd’s marks.
HungryPanda SG said it does not own or operate the Facebook page and Instagram account. It added that the social media websites are not relevant to the lawsuit as the Facebook page is targeted at the US, and the Instagram account is not targeted at Singapore.
A pre-trial conference for the case has been scheduled for Jan 11, 2022.
Source: https://www.singaporelawwatch.sg/Headlines/foodpanda-in-legal-spat-with-HungryPanda-over-trademark
