Rainforest Café, Inc ("Rainforest"), an American company, has successfully established its claim of trade mark infringement against a locally incorporated company, Rainforest Coffee Products Pte Ltd ("RCP"), based on its registered trade mark "RAINFOREST CAFÉ". The High Court held that RCP had infringed the registered trade mark by using the word "RAINFOREST" alone on its invoices and signages. All defences raised against infringement, including a challenge at the validity of Rainforest’s mark, were dismissed by the Court.
Although the court has enjoined RCP from using the word "RAINFOREST", it held that RCP had set up its business in good faith and could continue using its full corporate name – Rainforest Coffee Products Pte Ltd or Rainforest Coffee Products.
Rainforest’s chain of restaurants around the world is famous for its rainforest theme which enables diners to experience a simulated environment through animated wildlife and even live birds like parrots and macaws. Rainforest has entered into a franchise agreement with a British Virgin Island company allowing it to operate Rainforest Café outlets in all the ASEAN countries except Laos. The Singapore outlet is expected to begin operations later this year at Liang Court.
