Nescafé Wins Court Battle: Trademark Dispute Transferred To CIPIT Court

Nescafé Wins Court Battle: Trademark Dispute Transferred To CIPIT Court

Introduction

A recent decision by the Appeal Court for Specialized Cases has transferred a trademark dispute involving Nestlé's Nescafé brand from the Minburi Civil Court to the Central Intellectual Property and International Trade Court (CIPIT Court). The dispute began when Chalermchai Mahagitsiri, Suvimol Mahagitsiri, and Prayudh Mahagitsiri filed for a temporary injunction seeking to block Nestlé from manufacturing, distributing, or importing Nescafé goods in Thailand.

Factual Background

The petitioners, Chalermchai Mahagitsiri, Suvimol Mahagitsiri, and Prayudh Mahagitsiri, filed for a temporary injunction with the Minburi Civil Court on April 3, 2025. Nestlé opposed the injunction and petitioned the court to revoke it, arguing that the case fell within the jurisdiction of the CIPIT Court.

Procedural Background

The Minburi Civil Court initially scheduled an urgent hearing for April 11, 2025, but it was postponed to April 17, 2025, due to the Songkran Festival. Nestlé later filed a second motion asking the Minburi Civil Court to refer the matter to the president of the Appeal Court for Specialized Cases.

Issues

1. Jurisdiction: Whether the Minburi Civil Court or the CIPIT Court has jurisdiction over the trademark dispute.

2. Temporary Injunction: Whether the temporary injunction sought by the petitioners should be granted.

Contentions of Parties

Petitioners' Contentions: The petitioners argued that Nestlé's business operations in Thailand should be blocked due to alleged trademark infringement.

Nestlé's Contentions: Nestlé argued that the case fell within the jurisdiction of the CIPIT Court, which handles IP and international trade matters.

Reasoning & Analysis

The Appeal Court for Specialized Cases reviewed the petition and ruled in favor of Nestlé, confirming that the case should be transferred to the CIPIT Court. The transfer allows Nestlé to continue its business operations in Thailand.

Final Outcome

The case has been transferred to the CIPIT Court, allowing Nestlé to continue manufacturing, distributing, and importing Nescafé goods in Thailand. The decision enables Nescafé products to remain available in the Thai market.

Implications

This decision highlights the importance of proper jurisdiction in intellectual property disputes. The transfer of the case to the CIPIT Court, which specializes in IP and international trade matters, ensures that the dispute will be handled by a court with expertise in trademark law.