Domnern Somgiat & Boonma is known as a boutique intellectual property practice that is among the best at what it does. The firm advises on the full array of IP matters but has particular capability when it comes to resolving contentious matters for clients ...
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Domnern Somgiat & Boonma is known as a boutique intellectual property practice that is among the best at what it does. The firm advises on the full array of IP matters but has particular capability when it comes to resolving contentious matters for clients and succeeding in difficult litigation.
In 2011, partners Ruengyot Nasaree and Rutorn Nopakun advised confectioner Perfetti Van Melle S.p.A on IP matters relating to its trade mark ‘Chupa Chups’ brand of lollipops. Perfetti Van Melle sued European Food PCL for using the trade mark JOOPY JOOPS on lollipops and utilising a similar packaging design. Perfetti Van Melle believed that these elements made the products too similar and was designed to confuse customers. Although the Intellectual Property and International Trade Court ruled in favour of European Food stating that JOOPY JOOPS was not similar enough to CHUPA CHUPS to confuse customers, Perfetti Van Melle appealed to the Supreme Court which overturned the earlier decision. The matter represented one of only a handful of trade mark imitation cases to be tried by the Supreme Court.
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