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03 Oct 06 -  Singapore High Court Finds In Favour Of O'Briens

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.