Cryoviva Singapore settles Cordlife suit and will pay damages

For trade mark and copyright infrigement.

Cord blood banking services firm Cordlife Group Limited (Cordlife) announced that Cryoviva Singapore Pte Ltd (Cryoviva) has entered into an amicable settlement with Cordlife, with respect to Cryoviva's passing off and infringement of Cordlife's registered trademarks and copyrights.

On 22 January 2014, Cordlife commenced a suit in the High Court of the Republic of Singapore against Cryoviva for breaches committed against Cordlife. The claims include use of the Company's proprietary information and intellectual property without Cordlife's knowledge and consent.

On the same day, Cordlife also filed an application to seek an injunction to, inter alia, restrain Cryoviva from continual infringement of Cordlife’s intellectual property rights.

Cordlife said one of the bases for the injunction application was that Cryoviva deliberately and wilfully used Cordlife's proprietary information and intellectual property on two of its websites, namely the trial website and the actual website, without the Group's knowledge and consent.

The application was placed before the High Court on 24 January 2014 for its determination.

After a “Without Prejudice” offer was received from Cryoviva, parties agreed to resolve this matter without the necessity of a full hearing.

A Consent Order was entered with terms that the parties have entered into amicable settlement, and that Cryoviva will pay Cordlife damages for trade mark infringement and copyright infringement by virtue of its Cryoviva websites.

The extent of the infringement of Cordlife's trade marks and copyright shall be decided by the Court, if not agreed by parties.

The quantum of damages to be paid by Cryoviva shall be assessed by the Court, if not agreed by parties.

Cryoviva shall pay Cordlife costs of the Suit todate and the injunction application, which is to be taxed, if not agreed. Parties shall also enter into a settlement agreement on other terms which have been agreed, and will have liberty to apply, as per the released statement.