9/2548 Thailand Supreme
Court Opinion 96 (No. 202) 2005
Rolex A.S. Company vs. Nuntana Pitisaithakorn
Re:
Trademarks
The
trade-mark “Rolex” is a very popular brand as Rolex
A.S. Company is capable of creating quality watches. As a result
of the popularity of the "Rolex" brand there are persons
who sought to benefit from the brand name “Rolex” without
requesting authorization. Although some companies used a trademark
similar to the "Rolex" trademark, the trademark of these
companies was not similar enough to confuse the customers.
The
defendant, the managing director of Solex International company,
did register her trade-mark under a name different from "Rolex".
Her products are not watches, but jewelry made from expensive metal
or bronze. She did not have the intention to violate the trademark
law or make her customers confuse her brand with the Rolex company.
Although the defendant wishes to produce and sell a watch under
the name “Solex”, there is no evidence that customers
will confuse this brand with “Rolex” as they know that
“Solex” is a trade-mark of a key company. Therefore
the defendant can register a trademark under the name “Solex”
without being in violation of any laws.
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