‘No affiliation’: Hong Kong’s 1-Michelin-star restaurant The Chairman has name, logo used by Malaysian group planning to open venue in Kuala Lumpur mall
- Anger has been stirred after the name and almost identical logo of Hong Kong restaurant The Chairman appeared on a billboard at a shopping mall in Kuala Lumpur
- The Malaysian company behind the venue later clarified it has ‘no affiliation’ with the Hong Kong restaurant, and that it will be launching a new establishment
For a brief moment, food lovers in Malaysia familiar with Hong Kong’s fine-dining scene might have rejoiced at the sight of a large billboard on the fifth floor of Pavilion Damansara Heights, a luxury shopping centre in Kuala Lumpur that opened on October 9.
In large lettering, the distinctive logo of the Chinese name of The Chairman, a one-Michelin-star Cantonese restaurant in Hong Kong, was splashed across the board, with the phrase “Elevating Originality To Sublimity” underneath and an opening date of January 2024 proclaimed.
Eagle-eyed viewers might have noticed that the peach-blossom outlines around the restaurant name’s Chinese characters featured five petals per blossom, as opposed to the four petals of the Hong Kong restaurant.
Local newspaper the Malay Mail reported on the billboard later that day.
“It looks like the renowned The Chairman Group will be opening a restaurant in Kuala Lumpur,” it said.
But it soon transpired that the restaurant is not affiliated with the Hong Kong venue at all.
It is best known for its exquisite takes on classic Cantonese dishes, from steamed flower crab with aged Shaoxing wine and chicken fat to “first cut” char siu and its claypot rice presentations.
On October 10, the Hong Kong restaurant used its social media channels to respond to inquiries about its supposed new outpost in Kuala Lumpur.
“We do not have any branch, franchise or any other form of operation in or outside Hong Kong,” its statement read.
“In particular but without limitation to the foregoing, we do not have any operation in Malaysia and do not have any association with any restaurant opened or to be opened in Malaysia bearing the name ‘Chairman’.
“For the record, we have not authorised or approved any person or entity in or outside Hong Kong to use any of our English or Chinese names and/or any of our logos and related designs.”
Yip declined to comment further on the situation following queries from the Post.
Francois Tung and Benny Yip, of King & Wood Mallesons law firm in Hong Kong, point out that while brand owners who have registered their brand as a trademark can initiate trademark infringement claims against copycat establishments to prevent customer confusion and unauthorised use of the brand, a trademark is territory-based.
“Therefore, in an overseas infringement case, instead of a trademark infringement claim the brand owner would typically try to make a passing-off claim against the copycat establishment,” the lawyers say.
“The essence of a passing-off action lies in the principle that no one has the right to represent their goods or services as those of another. By pursuing a passing-off action, the brand owner can protect not just the brand name but also the distinctive elements that constitute their business identity.
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“To succeed in a passing-off action, it is crucial to demonstrate the legitimate brand owner’s goodwill in the relevant market.”
Hours after Yip’s team made its stance known, The Chairman Group Malaysia released its own statement on the matter, referring to “recent confusion surrounding the Chairman Group Malaysia and The Chairman Company Limited of Hong Kong”.
The Malaysia group went on to clarify that they “have no affiliation with the Hong Kong restaurant”.
Its statement continues: “On a positive note, we are excited to share that Mr. Chan, one of the founders of Chairman Hong Kong and our advisor, will soon be introducing a new establishment in Malaysia, showcasing exciting innovations and locally-inspired dishes.”
In a response to follow-up queries from the Post, Kelvin Leong, the head of operations for The Chairman Group Malaysia, reiterated that “The Chairman Group of Malaysia is an entirely separate entity from The Chairman Company Limited in Hong Kong. Both establishments operate independently, and there is no affiliation between them.”
Both The Chairman Group Malaysia’s social media posts and Leong mentioned a Mr Chan, who is referred to as one of the founders of The Chairman in Hong Kong. While the Post could not independently verify the identity of Mr Chan, Yip confirms that he is indeed one of the founders of the original restaurant.
In reference to the restaurant opening soon in Pavilion Damansara Heights, Leong states: “This endeavor will be distinct from his previous venture in Hong Kong, yet it remains firmly rooted in Mr. Chan’s founding values and vision when he first founded The Chairman Hong Kong. We strive to deliver a new and exciting culinary experience to the Malaysian people with the guidance of Mr. Chan.”
The situation has riled food lovers and chefs in Hong Kong and elsewhere, who see the move to use The Chairman’s name and logo as misleading.
“Guess it is easy to copy the name and logo. But at the end of the day, it is quality that matters,” wrote Singapore-based food writer David Yip in an Instagram post showing the restaurant hoarding.
Chefs including Richie Lin of Taipei’s Mume restaurant and David Lai of Neighborhood in Hong Kong were among those commenting on Yip’s post.
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It is not the first time a Hong Kong restaurant has been seen to be copied.
In 2014, Jia Group, the hospitality company founded by restaurateur Yenn Wong, discovered that its Thai restaurant Chachawan in Sheung Wan had had its name and logo taken and used by a restaurant in Shanghai.
Following an uproar, the restaurant in the mainland Chinese city changed its name to StreeThai.
