Bag brand Aupen, founder issued Pofma order for false claims against Singapore's intellectual property office

SINGAPORE — Nicholas Tan, the Singaporean founder of popular home-grown handbag brand Aupen, has been ordered to post correction notices on his personal and business Instagram pages over accusations made against the Intellectual Property Office of Singapore (Ipos).

The Pofma Office, which administers the Protection from Online Falsehoods and Manipulation Act, was instructed by Minister for Law and Second Minister for Home Affairs Edwin Tong to issue the correction direction to Tan and Aupen under Singapore's fake news law, the law ministry said on Sept 22.

Tan had claimed on three separate occasions in September that Ipos told him not to pursue a trademark dispute with American retail giant Target as he would likely lose, and that Singapore's trademark laws favoured foreign businesses over local ones.

He also said Ipos had told him legal reform against bad faith trademark registrations in Singapore were impossible and that the trademark office had flip-flopped on its advice to him in its public statement issued on Sept 11.

The statements were posted on Instagram, once to Aupen's official Instagram page and thrice to Tan's personal page.

Tan will have to provide a web link to the government's clarification of his interaction with Ipos, on top of the correction notices.

These notices will state that the content he posted on Sept 9, 15 and 16 communicated false statements of fact.

According to the government's fact-checking website, Factually, the allegations published by Tan "risk undermining public confidence in the strength of Singapore's trademark regime and the impartiality of Ipos as the administrator of the regime and the registry of trademarks".

His statements also give the "damaging and misleading impression that local businesses should not stand up for their intellectual property rights against foreign businesses".

Tan, an ex-national swimmer, published his comments amid a potential trademark dispute in the US between his handbag brand Aupen and Target.

Target is considering fighting Aupen's attempt to register its trademark internationally, including in the United States, citing potential confusion with Target's underwear and sleepwear line, Auden.

The budget chain has until Sept 24 to file an opposition to Aupen's application to the American trademark office for adjudication by the US trademark office.

According to a lawyer's letter from Target that Aupen posted on Aug 25, Target has requested Aupen detail why it believes confusion is not likely.

Ipos had contacted Tan to "offer support" after learning of the possible trademark challenge from Aupen's post.

They met with Tan on Sept 1. He then floated retaliation against Target by way of a counter-challenge to Target's Singapore-registered trademarks. What Ipos said to him then is the subject of his claims against Ipos.

According to Factually, Ipos had not given him any legal advice. It "did not at any time advise Tan against pursuing a trademark dispute with Target, nor did they advise on his chances of succeeding in such a dispute".

Its usual practice is to provide general information and businesses are encouraged to seek independent legal advice.

Some time around Sept 8 and 9, Aupen wiped its Instagram page and website. The handbag brand is popular with US celebrities and has been worn by Taylor Swift, Jennifer Aniston and Madonna, among others.

Tan had said in comments to the media on Sept 9 that the Singapore trademark office had advised him to "back down" from possibly challenging Target's recently registered trademarks in Singapore, because the statutory board "prioritises foreign investment".

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This article was first published in The Straits Times. Permission required for reproduction.