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.
Date |
Title |
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| April 7, 2011 |
Thailand IP Firm of the Year Awarded to Tilleke & Gibbins On April 7, 2011, Tilleke & Gibbins was awarded Thailand IP Law Firm of the Year by Managing Intellectual Property at its Global Awards ceremony in London. This marks the fifth consecutive year... |
| June 9, 2011 |
Thailand Tackles Role as Regional Hub for Counterfeit Goods David Lyman, Wiramrudee (Pink) Mokkhavesa Under increasing pressure from the WTO and many Western nations, Thailand is making a considerable effort to crack down on its expanding counterfeit goods trade. In the article “Thailand Tackles Role... |
| July 13, 2011 |
Asian Legal Business Ranks Tilleke & Gibbins as a Leading IP Practice in Thailand Tilleke & Gibbins has been ranked as a leading IP practice in the Asian Legal Business annual IP rankings. This marks the third consecutive year that the firm has been awarded this status, and... |
| August 23, 2011 |
Customs Department Participates in Brand Protection Training Darani Vachanavuttivong, Parichart Monaiyakul, Sukontip Jitmongkolthong, Titirat Wattanachewanopakorn, Wiramrudee (Pink) Mokkhavesa The Thai Customs Department and Tilleke & Gibbins today hosted the opening session of a four-day brand identification training seminar for customs officers being held August 23-26. The training... |
| October 6, 2011 |
Seminar on IT Issues for Thai Manufacturers Darani Vachanavuttivong, Wiramrudee (Pink) Mokkhavesa A seminar held yesterday in Bangkok focused on the opportunities and challenges faced by Thai manufacturers operating in the global marketplace. The seminar, “Shifting Sands in International Trade –... |
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Date |
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| May 18, 2007 |
Law Enforcement Training Helps to Suppress Counterfeiting Wiramrudee (Pink) Mokkhavesa The Royal Thai Customs Department has a proactive policy to protect Thai consumers from illegal goods that damage both the Thai economy and the public’s confidence in consuming imported goods. Brand... |
| July 14, 2008 |
Destruction Ceremonies in Thailand Wiramrudee (Pink) Mokkhavesa As part of the ongoing suppression of products that infringe intellectual property rights, government bureaus including ECOTEC police bureau, Customs warehouses, and Customs bureaus at individ... |
| March 6, 2009 |
A New Year Brings New Headlines in IP Sukontip Jitmongkolthong, Wiramrudee (Pink) Mokkhavesa January 2009 was full of events in the intellectual property field in Thailand due to the policies and actions supported by the newly formed government of Prime Minister Abhisit Vejjajiva. This... |
| June 15, 2009 |
Border Measures and the Draft Customs Act Wiramrudee (Pink) Mokkhavesa Intellectual property owners receive significant benefits from the border measures that are carried out by Customs officers in Thailand. More than a million pieces of counterfeit products are stopped... |
| September 30, 2009 |
Update: Latest Customs Developments Wiramrudee (Pink) Mokkhavesa This article describes two major seizures by the Thai Customs Department in August 2009. In addition, the article offers a discussion of the border measures that are available to intellectual... |
