Developed and implemented a creative and cost-effective strategy to prevent infringement in Thailand of a 3D trademark registered in a foreign country. Although the client was unsuccessful in registering its 3D trademark in Thailand, the client nonetheless sought to prevent a competitor from importing into Thailand products that incorporated a similar 3D mark. We successfully collaborated with both Thai Customs and the Royal Thai Police and convinced Thai Customs to seize the infringing goods. The goods were confiscated and used as leverage to procure binding agreements from the opposing party to change the style of its product and satisfy other requirements.
Wiramrudee (Pink) Mokkhavesa
Attorney-at-Law
PRACTICE
OFFICE
LANGUAGE
Thai, English
EDUCATION
LLM, University of Southern California Law School
LLM, Indiana University Bloomington Law School
LLB, Thammasat University
Wiramrudee (Pink) Mokkhavesa is an attorney-at-law with extensive experience in brand protection, IP enforcement, and anticounterfeiting. Her practice is focused on IP portfolio strategy and management, including comprehensive protection of trademark, copyright, patent, and other intellectual assets in Asia and worldwide. She primarily represents multinational corporations and market leaders in electronic appliances, auto parts, consumer products, apparel, software, and luxury goods.
Pink is a member of the Prevention and Suppression IPR Infringement Committee (Private Sector), through which channel she regularly advocates for increased government action against counterfeit and infringing goods. Through her involvement in this committee, Pink collaborates with the Ministry of Commerce (Department of Intellectual Property), the Royal Thai Police, the Department of Special Investigation, the Metropolitan Police Bureau, the Economic Crime Police Division, the Ministry of Finance (Customs Bureau), the Ministry of Information and Communication Technology, the Ministry of Public Health (Food and Drug Administration), and the Ministry of Culture. Pink is also a member of the East Asia & Pacific Subcommittee of the Anticounterfeiting Committee within the International Trademark Association.
Pink actively participates in several focus groups dedicated to amending IP laws and regulations and to instituting a mandatory IP course in all Thai universities to further IP awareness in Thai society. In addition, she regularly lectures on IP law at some of Thailand's leading universities. Pink is a member of the Thai Bar Association, the Lawyers Council of Thailand, and the Intellectual Property and Innovation Association (IPA).
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Acquired a registered trademark from an opposing party, who used the mark with the same kind of goods as produced by our client, for only THB 30,000 (about USD 1,000).
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Obtained a valid warrant and conducted a raid action within three days of receiving the urgent request from the client. At the time the client contacted us, we did not possess sufficient evidence to seek the warrant. Nonetheless, we timely acquired the necessary evidence, secured a warrant from the IP&IT Court, and oversaw a successful raid.
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Liaised with the Royal Thai Police to end a predatory business tactic. As our client operates in many provinces in Thailand, a competitor filed criminal charges of “false statement” against our client in many provinces in order to force our client to spend time and money travelling to meet police officers throughout Thailand. We convinced the Royal Thai Police that the cases were related and should be consolidated and tried in Bangkok.
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Forced an infringing party to change the names of its stores, change all of its signage, and execute a Deed of Execution within one week of receipt of our cease-and-desist letter. The signage of the opposing party’s coffee shop contained a device and text that was quite similar to our client’s registered trademark.
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| April 18, 2013 |
Tilleke & Gibbins Named Top Intellectual Property Firm in Thailand by MIP Tilleke & Gibbins has won the Thailand IP Firm of the Year award at Managing Intellectual Property’s 9th Global Awards ceremony, held at the Dorchester Hotel in London on the evening of April 17... |
| March 12, 2013 |
INTA Roundtable at Bangkok Office of Tilleke & Gibbins on March 21 Darani Vachanavuttivong, Wiramrudee (Pink) Mokkhavesa The Thai Department of Intellectual Property (DIP) and the International Trademark Association (INTA) Anticounterfeiting Committee, East Asia & Pacific Subcommittee, are jointly hosting an INTA... |
| March 7, 2013 |
Tilleke & Gibbins Trademark Group Tops Managing IP Rankings for Thailand Managing Intellectual Property has placed Tilleke & Gibbins at the top of its annual rankings of trademark firms in Thailand. For the tenth consecutive year, the magazine has ranked the firm in... |
| March 1, 2013 |
Thailand IP Team in Top Tier in Chambers 2013 Rankings Tilleke & Gibbins has once again been ranked among the top intellectual property practices in Thailand by Chambers Asia-Pacific. This marks the sixth consecutive year that the firm has been... |
| February 12, 2013 |
Tilleke & Gibbins Ranked in Tier 1 for Thailand in Managing IP Patent Survey The Tilleke & Gibbins patent group continues to thrive at the top of the Thai market, according to Managing Intellectual Property. In the magazine’s recently released annual patent survey, the... |
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| April 30, 2013 |
Sukontip Jitmongkolthong, Titirat Wattanachewanopakorn, Wiramrudee (Pink) Mokkhavesa With a total population of approximately 600 million, the combined economy of the 10 nations comprising the Association of Southeast Asian Nations (ASEAN) ranks as the ninth largest in the world. To... |
| March 20, 2013 |
Lex Mundi Guide to Doing Business in Thailand 2013 Published by Tilleke & Gibbins in association with Lex Mundi, the Guide to Doing Business in Thailand provides a comprehensive overview of the legal environment for investors entering the Thai... |
| February 8, 2013 |
U.S. Cracks Down on IT Theft by Overseas Manufacturers Wiramrudee (Pink) Mokkhavesa Marking an unprecedented milestone in the fight against unfair competition, a state attorney-general in the United States has taken legal action against a Thai manufacturer that produced and exported... |
| September 5, 2012 |
The Report: Thailand 2012 – Legal Framework The Report: Thailand 2012, published by Oxford Business Group, provides an in-depth analysis of different sectors of the Thai economy. Tilleke & Gibbins contributed the legal section of the... |
| August 22, 2012 |
Using the Computer Crimes Act to Combat Online Piracy Nuttaphol Arammuang, Wiramrudee (Pink) Mokkhavesa The increase in online shopping has proven lucrative for legitimate retailers. But traders selling counterfeit and pirated products have also taken advantage by selling a wide range of counterfeit... |
