foodpanda and HungryPanda SG reportedly clash over trademark dispute

Foodpanda is currently in a legal dispute with HungryPanda SG over an alleged trademark infringement. According to The Business Times (BT), HungryPanda reportedly filed an application for its logo trademark in Singapore on 13 August last year. This led to foodpanda filing an opposition against the application a few months later on 8 December, when the mark was published for public scrutiny, BT said. Meanwhile, foodpanda filed a trademark application for a pink panda logo in April 2018, BT reported. Foodpanda has declined to comment on MARKETING-INTERACTIVE's queries due to current legal proceedings. 

While HungryPanda SG may be new to the local market, a quick check by MARKETING-INTERACTIVE revealed that both foodpanda and HungryPanda were established in 2016. Foodpanda is owned by Hungry Hero, based in Germany while HungryPanda is headquartered in London. However, foodpanda later established its regional headquarters in Singapore in August 2019.

According to BT, foodpanda claimed that the term "panda" and the panda visual are conceptually similar; as are their services. The company is also claiming an order for the delivery and destruction of all of HungryPanda SG's products that bore the marks, an order to remove the marks from HungryPanda SG's goods and services, as well as an inquiry as to damages suffered by foodpanda as a result of the infringement, or an account of profits by HungryPanda SG, BT reported. 

The Germany-based food delivery company also alleged that HungryPanda SG used the marks on its services as depicted on its website on its mobile app, and that HungryPanda's services being advertised on Facebook and Instagram bear the marks which are currently in dispute, BT said.

In June this year, however, HungryPanda SG defended itself, claiming that many entities use trademarks with panda images or devices in the food and beverage space in Singapore. It added that HungryPanda targets a niche and specialised consumer market, hence there is no likelihood of confusion from consumers, BT reported.

As for the usage of the disputed marks, HungryPanda SG said that the marks have not been used by the brand in Singapore. HungryPanda added that the app and website were developed and launched by HungryPanda in 2016, while the Facebook and Instagram channels target the US and outside of Singapore respectively - thus it bears no liability for those; according to BT. Both companies will attend a pre-trial conference on 11 January next year. 

Separately, foodpanda and internet restaurant company Rebel Foods have embarked on a multi-market partnership in October this year, to enable restaurant partners and cloud kitchen operators grow additional revenue streams at little or no start-up costs. The virtual brand partnership will be for an initial five years, with the aim of launching over 10 virtual brands in over 2,000 outlets across the region. Some of the virtual brands that will launch in Asia include Rebel Food's flagship brand Faasos, Behrouz Biryani, The Biryani Life and Lunchbox. Additionally, Rebel Foods has worked with foodpanda to co-develop new offerings under the virtual brand Honest Bowl. The menu was specially curated for Asian consumers based on foodpanda’s insights on customers’ preferences in the region. 

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