This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version. V K Rajah JA delivering the judgment of the court :. To facilitate the reading of this judgment, we set out below the outline of its contents:. The facts The respondents Other products and services offered by the Respondents The appellant The dispute between the parties The decision in the court below The passing off claim The nature of goodwill The misrepresentation in the present case Analysis of the heads of damage claimed by the Respondents Our conclusion on the passing off claim The claim under section 55 of the current TMA: Infringement of a well-known trade mark The protection afforded by section 55 3 a of the current TMA The respondents.
There are even resorts in more exotic locations such as the misty Himalayan kingdom of Bhutan and the Turks and Caicos Islands in the sunny Caribbean.
There are only rooms worldwide between the 18 establishments run by the Respondents, not many more than the number of rooms usually found in a single large five-star hotel. The following extracts from various reviews raving about the resorts illustrate this point: [note: 4].
As part of the agreement, the Respondents also assume responsibility for the design of the development as well as for its management upon completion of construction. The development in Arizona comprises 31 residential units, while the one in New York consists of a hotel-cum-condominium complex. Since then, the Respondents have, together with various partners, developed and marketed Aman Villas at Amanjena, Amangani, Amanpulo, Amanyara and Amandari as well.
According to Mr Sirois: [note: 8]. The Respondents claim that they may in future proceed to develop Aman Villas adjacent to the Amanusa Bali as their joint venture partner for the resort has acquired the adjacent land specifically for the development of such villas. Other products and services offered by the Respondents.
