Aupen Founder Faces POFMA Correction Orders Over False Claims

Aupen, a Singapore-based handbag brand, and its founder, Mr. Nicholas Tan, have been issued correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA). This action follows allegations regarding misleading statements about the Intellectual Property Office of Singapore (IPOS). The Ministry of Law confirmed that Mr. Tan made several false statements on his Instagram account on September 9, September 15, and September 16, with some posts also appearing on Aupen’s official page.

According to the Ministry, these posts contained false claims about IPOS’s interactions with Aupen, its treatment of local businesses, and the design of Singapore’s trademark laws. Edwin Tong, the Minister for Law and Second Minister for Home Affairs, directed the POFMA Office to issue the correction orders. A government fact-checking article stated, “Mr. Tan’s posts not only attract publicity for himself and Aupen, but also undermine IPOS’s impartiality and integrity.”

Nature of the False Claims

The article from the Ministry highlighted that Mr. Tan’s statements suggested IPOS discouraged him from pursuing a trademark dispute with Target, a US retailer, due to a perceived high risk of losing. It also incorrectly implied that Singapore’s trademark laws primarily protect foreign businesses and that IPOS informed him that legal reform against bad faith trademark registrations was unlikely.

The claims further suggested that IPOS provided support exclusively to foreign companies in trademark disputes while allegedly “flip-flopping” on its advice to Mr. Tan. “These falsehoods risk undermining public confidence in Singapore’s trademark regime and the impartiality of IPOS,” the article stated.

Timeline and Clarifications

The fact-checking article clarified that IPOS never advised Mr. Tan against pursuing a trademark dispute with Target. In fact, it stated that rights conferred by a trademark only apply in the country where it is registered. Thus, any potential objection by Target to Aupen’s trademark application in the US would not affect Aupen’s registration in Singapore.

Upon learning about the potential dispute on August 25, IPOS reached out to Aupen to offer support. This included a meeting on September 1, where Mr. Tan provided additional details about the situation. IPOS reassured him that Aupen’s trademark in Singapore remained valid. The authority emphasized that it does not provide legal advice on disputes, urging businesses to seek independent counsel.

Furthermore, the article stated that IPOS encouraged Mr. Tan to express his concerns and suggestions for legal reforms. It highlighted that Singapore’s trademark laws already prohibit bad faith registrations, ensuring equal treatment for both local and foreign businesses seeking intellectual property protection.

The POFMA correction orders require Mr. Tan and Aupen to publish a new post linking to the government’s clarification on the matter. As of September 22, the disputed posts have been removed, and the ministry continues to uphold the integrity of Singapore’s intellectual property framework.