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SINGAPORE: Investment firm Temasek Holdings said it wanted alternative political news website "Temasek Review" to change its name.
Previously known as The Wayang Party, the website is reported to have changed its name to "Temasek Review" in 2009.
But investment firm Temasek Holdings said it had also been using "Temasek Review" for its annual performance review reports since 2004.
This was according to Temasek Holding's senior managing director and head of Strategic Relation Goh Yong Siang.
In a letter addressed to a Dr Joseph Ong Chor Teck, who is believed to be the website's founder, Temasek Holdings said it had no qualms about the website's mission.
But it added it appeared the website had been capitalising on the goodwill and reputation of investment firm Temasek Holding's name.
A lawyer who spoke to Channel NewsAsia said a lot would depend on if and when both parties acquired trade mark rights in the name "Temasek Review".
The lawyer, who requested anonymity, said: "Although Temasek Holdings (TH) used the name 'Temasek Review' for its annual performance reports since 2004, it did not register this name as a trade mark until November 9, 2009.
"In other words, between 2004 and November 9, 2009, TH has common law rights in the name "Temasek Review" but it is only with effect from November 9, 2009 that it acquired trade mark rights in the name 'Temasek Review'.
"The Wayang Party changed its name to 'Temasek Review' in 2009. The question is whether it changed its name before or after November 9, 2009."
The lawyer added: "If Wayang Party changed its name before November 9, 2009, TH would have to proceed on a claim for passing off.
"In other words, TH has to prove to the court that it has a reputation in the name 'Temasek Review'; that (website) Temasek Review has misrepresented to the public that its on-line publication originated from or is associated with TH; and as a result of the misrepresentation, TH has suffered damages".
In relation to registering a company with the name "Temasek" in it, Accounting and Corporate Regulatory Authority Singapore (ACRA), in its website, advised that the following is not allowed:
1. Undesirable names
2. Names which are identical to a sole-proprietorship / partnership name or to that of any other company, corporation, limited liability partnership or limited partnership
3. Names which are identical to a name being reserved under the Business Registration Act, the Companies Act, the Limited Liability Partnerships Act or Limited Partnerships Act
4. Names which the Minister has directed the Registrar not to accept for registration, eg Temasek
-CNA/wk
Previously known as The Wayang Party, the website is reported to have changed its name to "Temasek Review" in 2009.
But investment firm Temasek Holdings said it had also been using "Temasek Review" for its annual performance review reports since 2004.
This was according to Temasek Holding's senior managing director and head of Strategic Relation Goh Yong Siang.
In a letter addressed to a Dr Joseph Ong Chor Teck, who is believed to be the website's founder, Temasek Holdings said it had no qualms about the website's mission.
But it added it appeared the website had been capitalising on the goodwill and reputation of investment firm Temasek Holding's name.
A lawyer who spoke to Channel NewsAsia said a lot would depend on if and when both parties acquired trade mark rights in the name "Temasek Review".
The lawyer, who requested anonymity, said: "Although Temasek Holdings (TH) used the name 'Temasek Review' for its annual performance reports since 2004, it did not register this name as a trade mark until November 9, 2009.
"In other words, between 2004 and November 9, 2009, TH has common law rights in the name "Temasek Review" but it is only with effect from November 9, 2009 that it acquired trade mark rights in the name 'Temasek Review'.
"The Wayang Party changed its name to 'Temasek Review' in 2009. The question is whether it changed its name before or after November 9, 2009."
The lawyer added: "If Wayang Party changed its name before November 9, 2009, TH would have to proceed on a claim for passing off.
"In other words, TH has to prove to the court that it has a reputation in the name 'Temasek Review'; that (website) Temasek Review has misrepresented to the public that its on-line publication originated from or is associated with TH; and as a result of the misrepresentation, TH has suffered damages".
In relation to registering a company with the name "Temasek" in it, Accounting and Corporate Regulatory Authority Singapore (ACRA), in its website, advised that the following is not allowed:
1. Undesirable names
2. Names which are identical to a sole-proprietorship / partnership name or to that of any other company, corporation, limited liability partnership or limited partnership
3. Names which are identical to a name being reserved under the Business Registration Act, the Companies Act, the Limited Liability Partnerships Act or Limited Partnerships Act
4. Names which the Minister has directed the Registrar not to accept for registration, eg Temasek
-CNA/wk
:p:o
