On February 6, 2025, Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) rendered a new judgment in favor of Luckin Coffee, China’s largest coffee company and coffeehouse chain. The ruling confirmed the company’s better right over the Luckin Coffee trademark and logo, and awarded significant compensation to Luckin Coffee arising from infringement of its mark and logo.
The litigation that led to this favorable ruling was initiated following widely publicized trademark litigation in 2023 in which Thailand’s Court of Appeal for Specialized Cases ruled against Luckin Coffee—a ruling that generated considerable public interest and raised questions regarding how the legitimate trademark holder could encounter such an unexpected and detrimental outcome in Thailand.
Luckin Coffee then asked Tilleke & Gibbins’ intellectual property team to step in and obtain an effective resolution to these complicated trademark disputes. Recognizing the complexity and significance of the case, the team noted that in the previous decision, the court did not have the opportunity to address the core substantive issue of who held superior trademark rights. As a result, the critical issue of the rightful owner of the “Luckin” marks and “deer device” logo in Thailand remained unresolved, causing disruptions to Luckin Coffee’s business plans in Thailand. The team then devised a strategy that was able to address these substantive issues, enabling Luckin Coffee to recover its status and gain substantial damages.
In its recent landmark ruling, the IP&IT Court at first instance assessed the new case built by Tilleke & Gibbins and found no double jeopardy between the previous and new cases. The court further confirmed Luckin Coffee’s prior and better rights to the “Luckin” marks and the “deer device” logo and ordered the cancellation of the defendant’s trademark registrations in Thailand. The court further ordered the defendants to change their corporate name and refrain from using or displaying the term “Luckin Coffee” in both Thai and English as part of the corporate name. Further, the defendants are prohibited from using the term “Luckin Coffee,” 瑞幸咖啡, and the “deer device” in connection with their coffee business operations. Based on the extensive evidence presented, the court found the defendants’ infringement to be particularly severe and awarded Luckin Coffee historic damages totaling THB 10 million (approximately USD 300,000)—one of the highest amounts ever awarded in a trademark infringement case in Thailand. Additionally, the court imposed continuing daily damages of THB 100,000, counting from the lawsuit filing date (March 4, 2024) until the defendants cease their infringing activities, and ordered the defendants to jointly pay the plaintiff’s attorney fee.
This judgment is a continuation of the IP&IT Court’s recent growing emphasis on discouraging IP infringement by the handing down of deterrent penalties. The outcome of the case serves as a notable reference for businesses navigating similar legal challenges, emphasizing the necessity of a well-structured legal approach in securing and enforcing trademark rights in Thailand’s evolving business landscape.
