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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| February 6, 2013 |
Tilleke & Gibbins Ranked as a “Gold” Trademark Firm in Thailand by WTR 1000 For the third consecutive year, Tilleke & Gibbins has been ranked as a “Gold Band” firm in Thailand by the World Trademark Review 1000 – The World’s Leading Trademark Professionals. The... |
| December 6, 2012 |
Tilleke & Gibbins Tops Asialaw Profiles Rankings for Thailand Tilleke & Gibbins has the greatest breadth of expertise of any domestic law firm in Thailand, according to a recently released publication. In the Thailand research for Asialaw Profiles 2013,... |
| November 30, 2012 |
Bangkok Post: Unfair Competition Laws for Software Piracy Could Spread Wiramrudee (Pink) Mokkhavesa The reach of U.S. Unfair Competition Acts (UCA), which have now been passed in more than 36 states, has expanded to affect many Thai businesses, according to an article appearing in today’s edition... |
| October 29, 2012 |
Tilleke & Gibbins Named Firm of the Year in Patents and Trademarks by Asia IP For the third consecutive year, Tilleke & Gibbins has received the Patent Firm of the Year and Trademark Firm of the Year awards for Thailand from Asia IP. The awards were distributed at the... |
| October 24, 2012 |
Thai Company Faces Penalties Under U.S. Unfair Competition Law Wiramrudee (Pink) Mokkhavesa A Thai exporter has been fined due to its use of illegal software in the production of goods for the U.S. market, according to reports in both the Bangkok Post and The Nation. Narong Seafood, a... |
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| May 11, 2012 |
Authorities Launch Enforcement Actions Against Counterfeits Sukontip Jitmongkolthong, Wiramrudee (Pink) Mokkhavesa Reinvigorated intellectual property enforcement efforts by Thai authorities in 2012, in the aftermath of the flood crisis last year, have already reaped great success and led to the possible... |
| January 4, 2012 |
Lex Mundi Guide to Doing Business in Thailand 2012 This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for... |
| December 26, 2011 |
Intellectual Property in Thailand: Registration, Protection, Commercialization Written for business operators who are new to the country, Intellectual Property in Thailand: Registration, Protection, Commercialization provides a helpful introduction to IP issues under Thai law.... |
| December 14, 2011 |
Thailand Legal Basics, a valuable primer for foreign investors, begins with an overview of Thailand’s legal system, including its history and the events and professionals that are shaping the legal... |
| November 4, 2011 |
Make Sure Your IT Is Legal or Face the Consequences in the US Darani Vachanavuttivong, Wiramrudee (Pink) Mokkhavesa A recent seminar held in Bangkok, “Shifting Sands in International Trade – Opportunities for Southeast Asian Manufacturers”, received extensive coverage in the national press. Cohosted by the... |
