Marcus Hoh

As a senior associate with the Intellectual Property Group in Singapore, I specialise in managing intellectual property disputes and enforcement mandates.

I have an active practice in a range of trade mark, patent, copyright, and breach of confidence disputes, spanning diverse sectors such as pharmaceuticals, medical devices, technology, cryptocurrency, FMCG, retail and fashion, and F&B. I have represented national and multinational clients in opposition/cancellation proceedings before the Intellectual Property Office of Singapore, and in trial and appellate proceedings before the Singapore Courts.

Drawing on such experience, as well as my background in commercial litigation and international arbitration in a Singapore "Big 4" firm, I strive to deliver practical and commercially sound strategies to navigate my clients' disputes and enforcement concerns.

I am privileged to be recognised as a Rising Star and Notable Practitioner by Managing IP.

• Acted for Align Technology, Inc. against Zenyum Pte. Ltd. in a trade mark infringement, passing off, defamation, and malicious falsehoods action concerning the use of the "INVISALIGN" mark (HC/S 212/2021). The matter concerned novel issues on the limits of fair comparative advertising in the clear aligner industry and use of trade marks in social media hashtags.
• Acted for Twitter, Inc. in opposing a technology firm's registration of a bird mark at first instance and on appeal ([2022] SGIPOS 4 and [2023] 5 SLR 513). The landmark High Court decision clarified, for the first time, whether acquired distinctiveness can be considered at the marks-similarity stage of the Staywell test and the applicable guidelines for the comparison of animal marks.
• Defended the franchisor and exclusive Singapore franchisee of the famous "LUKE'S LOBSTER" chain of lobster roll restaurants in a trade mark infringement and passing off suit on appeal before the Appellate Division of the High Court ([2022] SGHC(A) 4).
• Advised major pharmaceutical companies, such as Sun Pharmaceuticals Industries and Dr. Reddy's Laboratories, on the patent linkage regime in Singapore and on related proceedings before the High Court.
• Lead counsel for the plaintiff tuition agency led by one of Singapore's "Super Tutors" in summary judgment proceedings for breach of contract and copyright infringement: [2023] SGDC 194. The decision considered, for the first time, the jurisprudential basis for granting permanent injunctions for copyright infringement. The District Judge noted that "[the] effort undertaken by the Plaintiff's counsel deserves special mention", and that "[his] submissions were clear and concise, and his research was thorough and relevant" in his written grounds of decision.
• Lead counsel for the opponent, a market-leading manufacturer of cement strengthener in Singapore, in trade mark opposition proceedings and subsequent appeal to the General Division of the High Court ([2021] SGIPOS 7; HC/TA 15/2021, unreported). The Principal Assistant Registrar at first instance expressed her appreciation "for the Opponent's counsel's efforts towards the quality and organization of its evidence and arguments" in her written grounds of decision.