Subway vs "Subway" suit dismissed

The suit by American sandwich giant Subway against Mr Lim Eng Wah, owner of local nonya kueh company Subway Niche, for infringing its registered trade mark, was dismissed on Wednesday by the High Court.

In her 46-page judgment, Justice Judith Prakash wrote that the likelihood of confusion between the two businesses "is hypothetical or speculative", given the lack of any real evidence presented.

In particular, the judge felt the sale, display and handling of sandwiches sold to customers differed: Subway Niche sells pre-packaged sandwiches made from sliced bread and simple ingredients like egg, tuna or ham, whereas Subway's sandwiches are modelled after the classic Italian "submarine" sandwiches and are prepared on the spot.

Justice Prakash also rejected Subway's arguments that Mr Lim had only started selling sandwiches in 2001.

She accepted the testimonies of Subway Niche's two former employees, who said the business had sold sandwiches since 1994, and found that Mr Lim "was a straightforward witness". 

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