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Passing-Off Liability for Similar Mark Despite Registration Difference
Brand Owner v Local Competitor
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Local competitor used a brand similar to (but not identical with) the plaintiff's registered mark; plaintiff sued for passing-off.
Legal Issue
Whether passing-off liability arises despite non-identical registration where consumer-confusion likelihood is present.
Holding
Supreme Court line affirms passing-off liability where there is real risk of consumer confusion, even without exact-mark replication.
Reasoning
Trademark Act B.E. 2534 and the common-law passing-off principles (incorporated via tort under CCC §420) protect goodwill against confusion-causing imitations.
Significance
Reaches imitative branding strategies not captured by exact-replica trademark infringement.
Practical Takeaway
Brand owners should maintain evidence of goodwill + consumer-confusion likelihood; competitors should clear branding decisively distinct.
Cited Statutes
- Trademark Act B.E. 2534
- Civil and Commercial Code §420
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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