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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| October 9, 2012 |
Laos IP Enforcement Training Seminar Featured in the Vientiane Times Darani Vachanavuttivong, Sukontip Jitmongkolthong, Nuttaphol Arammuang, Wiramrudee (Pink) Mokkhavesa A training seminar was conducted at the Mercure Vientiane Hotel in Vientiane, Laos, on September 14, 2012, cohosted by Tilleke & Gibbins and the Laos Department of Intellectual Property. As the... |
| September 19, 2012 |
Asian-Mena Counsel Names Tilleke & Gibbins IP Firm of the Year For the second time, consecutively, Tilleke & Gibbins has received the IP Firm of the Year award for Thailand in 2012, by Asian-Mena Counsel magazine. These annual results were compiled from a... |
| August 21, 2012 |
Bangkok Post: U.S. Unfair Competition Laws Will Impact Software Piracy in Thailand Darani Vachanavuttivong, Wiramrudee (Pink) Mokkhavesa New legislation in the United States will help to crack down on companies that use pirated software in Thailand, according to a feature report in the Bangkok Post, published on August 19, 2012. A... |
| July 18, 2012 |
Asia IP Names Tilleke & Gibbins a Tier 1 Patent Practice in Thailand Tilleke & Gibbins was recently named a Tier 1 patent practice, for both the patent prosecution and patent contentious categories, in Thailand in Asia IP’s annual Patent Survey. The Patent Survey... |
| July 9, 2012 |
Tilleke & Gibbins Museum of Counterfeit Goods to Be Featured on Local Television Program Wiramrudee (Pink) Mokkhavesa A tour of the Tilleke & Gibbins Museum of Counterfeit Goods, as well as an interview with Wiramrudee (Pink) Mokkhavesa, an attorney-at-law in the Tilleke & Gibbins intellectual property team... |
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| August 31, 2011 |
New U.S. Law Affects Users of Unlicensed or Pirated IT Darani Vachanavuttivong, Alan Adcock, Wiramrudee (Pink) Mokkhavesa Manufacturers whose products are sold, or offered for sale, in Washington State should be aware of a new unfair competition law in that state. The new law, which went into effect on 22 July 2011,... |
| August 31, 2011 |
Landlord Liability for IP Infringement in Thailand Parichart Monaiyakul, Wiramrudee (Pink) Mokkhavesa Despite vigorous attempts by Customs and other government officials to clamp down on intellectual property right violations, counterfeit goods continue to be traded openly at well-known shopping... |
| May 11, 2011 |
The Report: Thailand 2011 – Legal Framework The Report: Thailand 2011, published by Oxford Business Group, provides an in-depth analysis of various sectors of the Thai economy. In the legal section of the publication, Tilleke & Gibbins... |
| November 5, 2010 |
The Need for an Alternative to the Patent Act Wiramrudee (Pink) Mokkhavesa The rapid proliferation of mobile phones across the Kingdom demonstrates the vital importance of technology in the lives of Thai people—from metropolitan Bangkok to the rural provinces. With mobile... |
| June 9, 2010 |
Thailand: Stopping IP Infringement on the Internet Wiramrudee (Pink) Mokkhavesa Given the importance and ubiquity of computers and the Internet in daily life, it is crucial to have effective statutes for protecting intellectual property rights and combating infringement.... |
