Luckin Coffee Wins Landmark TM Infringement Case in Thailand

On March 10, renowned Thai law firm Tilleke & Gibbins announced a landmark victory for its esteemed client, Luckin Coffee, China's foremost coffee enterprise and chain brand. In a prolonged legal battle against Thai Royal 50R Group (hereinafter referred to as Royal 50 R), often referred to as the ‘imitation Luckin,' the court rendered a verdict in favor of Luckin Coffee, awarding damages exceeding THB 10 million (approximately USD 300,000). This ruling underscores the court's recognition of Luckin Coffee's prior and superior rights to the "Luckin" trademark and the distinctive "deer logo," leading to the cancellation of Royal 50R's trademark registration in Thailand and the imposition of stringent penalties on the defendant. This judgment not only serves to restore Luckin Coffee's reputation but also establishes a precedent for the protection of intellectual property rights within the Thai judicial landscape.

The landmark ruling, issued on February 6, 2025, signifies a pivotal moment in a high-profile case that has garnered extensive attention. It all commenced with an unfavorable decision for Luckin Coffee by the Thai Court of Appeals for Special Cases in 2023, sparking confusion and questioning the defeat of the legitimate trademark holder in Thailand.

In its ruling, the IP&IT Court found that the case was not a repetition of the previous lawsuit and further confirmed that Luckin Coffee had prior and superior rights to the "Luckin" trademark and the "deer logo." Consequently, the court ordered the cancellation of Royal 50R's trademark registration in Thailand and imposed several penalties on the defendant, including:

Changing its corporate name and refraining from utilizing the terms "Luckin Coffee" in both Thai and English corporate names.

2. Refraining from using "Luckin Coffee," "瑞幸咖啡," and the distinctive "deer logo" in its coffee business operations.

3. Paying a substantial compensatory damage of THB 10 million (approximately USD 300,000), which establishes a new benchmark for trademark infringement cases in Thailand.

4. Paying a daily penalty of THB 100,000 commencing from the date of the lawsuit filing, March 4, 2024, and continuing until such infringing activities have ceased.

5. Bearing the plaintiff's legal fees.

Previously, on December 19, 2023, Royal 50R formally instituted legal proceedings with the court, requesting judicial assessment of compensation from China's Luckin Coffee for an economic loss totaling THB 10 billion (approximately USD 297 million).

Royal 50R asserted in court documents that it had legally registered the "Luckin" trademark with Thailand's Ministry of Commerce in 2020, adhering strictly to Thai legal regulations and procedures throughout the process，thus it was authorized to utilize the trademark in operating a coffee shop business that offers beverages such as tea and coffee. Nevertheless, China's Luckin Coffee subsequently filed a ‘groundless’ lawsuit with the Central Intellectual Property and International Trade Court, accusing Royal 50R of registering the trademark in bad faith. The lower court ruled against Royal 50R in this instance. However, Royal 50R deemed the verdict unjust and submitted a counterargument to the court. On December 1, 2023, Royal 50R secured a favorable ruling in the case.

Furthermore, Royal 50R's complaint alleged that China's Luckin Coffee had repeatedly forced the plaintiff to cease using the trademark and had unlawfully seized the plaintiff's property on multiple occasions prior to the court's final judgment, resulting in significant financial losses for Royal 50R.