Finally won the case! Lucky successfully counterfeited Thai copycat stores!
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Since a Chinese netizen discovered a "Thai lucky store" while traveling in Thailand in early 2022, Rui Lucky has been busy fighting counterfeiting and safeguarding its rights, and attracted a lot of attention at the end of the lawsuit at the end of 2023. Now, the long-controversial case of Rui Xing v. Thailand's "Li Ghost" has finally made the latest progress.
On March 10, according to a Thai law firm, the court made the latest ruling in the trademark infringement case filed by Ruixing against "shanzhai Ruixing" in Thailand, and Luckin Coffee won the case.
According to the result of the court decision published by the law firm, the court confirmed that Ruixing had prior and better rights to the trademark involved in the case, ordered the defendant to register the Luckin Coffee-related trademark, and the defendant was not allowed to continue to use the relevant Lucky logo. At the same time, the defense is also required to pay damages to Luckin Coffee, including one-time compensation (10 million baht) and continuing compensation of 100000 baht per day from the date of prosecution (March 4, 2024). As of press time, the total compensation for the judgment has exceeded 46 million baht (about 10 million yuan). In addition, the defendant also has to bear part of the litigation costs.
A screenshot of the judgment information issued by a law firm in Thailand
According to a comprehensive report by several Thai media, on December 1, 2023, the Thai Central Court of intellectual property and International Trade announced the final trial in the case of China's Luckin Coffee Company suing Thailand's Royal 50R Group (50R group) for trademark infringement-- the verdict against China's Luckin Coffee Company, which was executed immediately.
Then, the incident was reversed again. On December 19, 2023, Thailand Royal 50R Group formally filed a lawsuit with the court, asking the court to award China Ruixing compensation of 10 billion baht for economic losses, and the court has accepted the case. In response, China Ruixing had no choice but to retweet: "I don't understand, but I am shocked!"
With regard to the Thai Royal 50R Group, it is said to be a local Thai enterprise engaged in diversified management of retail, new energy, tourism, real estate, catering and so on, with the background of the Thai royal family and military government.
According to DBD, the Thai Ministry of Commerce, the "royal company" is actually a "Sino-Thai joint venture" company, with 49% of the shares held by Chinese and 51% by Thais. After inquiry, Thailand Royal 50R Group has registered a large number of trademarks, including not only lucky, but also familiar brands such as Feng Nest, three Squirrels, Zhou Shengsheng, Nongfu Spring, Tesla, Cai Linji, Zhong Xuegao, and even registered the trademarks of well-known Internet celebrities such as Li Jiaqi, Weiya, Li Ziqi and so on. According to incomplete statistics, a total of 191 Chinese trademarks were ransacked by the company.
In addition, Thailand Luckin Coffee Company (Luckin Coffee Thailand), originally registered as Siam North Group (Siam North Group), was registered in January 2019, and was changed to Thailand Ruixing in May of the same year, and in July, it successfully obtained the trademark of "left turn Deer head" (genuine deer head to the right).
Since China and Thailand have not signed a trademark cooperation agreement, according to the Thai Trademark Law, whoever first applies for registration and use of the local trademark office will have the right to use this trademark to engage in related business in Thailand. Therefore, in chronological order, 50R Group not only registered trademarks before Ruixing, everything was handled in accordance with Thai laws and procedures, but also opened dozens of "Luckin Coffee" stores and was in normal operation, which was also the decisive factor for China Lucky to lose the lawsuit at that time.
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