O’Briens Sandwich Bars, the hand cut
sandwich and gourmet coffee franchise, has won a claim against
two former franchise partners in Singapore for breach of contract,
trademark infringements and passing off a Munch café as
an O’Briens outlet.
Trading as O’Briens Irish Sandwich Bar PTE Ltd in Singapore,
the company took the two individuals, Edwin Ng Lim Yeong and
Cindy Hou Sook Min, and the Munch Global Initiative PTE Ltd
to court. Following a four day hearing in the High Court of
Singapore, O’Briens received judgement again them for
all three actions.
In passing judgement,
undisclosed damages were awarded to O’Briens as well as costs against the defendants for
all three actions. Edwin Ng and Cindy Hou also agreed to comply
with all terms of the franchise agreement, including the clauses
in respect of trade restraint, and Munch Global will undertake
extensive renovations in consultation with O’Briens to
ensure that the outlet in question no longer has the look and
feel of an O’Briens.
“While court action is a last resort for us, it is imperative
that our brand and concept is protected for the benefit of
both the franchisor and our franchise partners who have invested
in our brand,” said O’Briens Chief Executive, Fiacra
Nagle. “The court has recognised not only the validity
of our agreements and trademarks but also upheld the very distinct
concept of O’Briens.”
O’Briens operates
11 outlets in Singapore through its CEO and master franchise
owner for Asia, Hugh Hoyes-Cock. Working
from a Singapore base, his team have been busy expanding their
Pan-Asian reach into Malaysia, Indonesia, Taiwan and Thailand,
where there are now more than 20 stores.
Operations have
been booming since Hugh Hoyes-Cock took on the Asian market
with O’Briens in 1999. A Fellow of the
Institute of Chartered Accountants, the Englishman has lived
and worked in Singapore for more than 20 years. With a franchising
business model now firmly established in Asia, O’Briens’ popularity
as an international lifestyle café is thriving.
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