A representative of the owner of the controversial “Pang Cha” trademark has said that the owner, Lukkaithong Thai Royal Restaurant, does not intend to claim compensation from those who use the registered trademark, but wants them to stop using it immediately.
The representative, called Ann, told a TV talk show that the restaurant originally wanted to register “Pang Cha The Best Thai Tea” as its trademark, but the Department of Intellectual Property demanded that the words “The Best Thai Tea” be deleted, because they are in common use and cannot be registered “so we were granted the “Pang Cha” trademark”.
She also said that the notices, which were sent to some restaurants that use the same trademark by the lawyer, were intended to stop them from using the trademark, but not to claim compensation as the names of their restaurants were not specified in the notices.
She also maintained that the Lukkaithong restaurant does not intend to intimidate trademark violators.
She apologised for the misunderstanding and the confusion caused.
The owner of the “Pang Cha” restaurant in Chiang Rai province told Thai PBS that he had received a notification from a lawyer, accusing him of infringing on the “Pang Cha” trademark and demanding 102 million baht in compensation, to be paid within seven days from receiving the notification, plus an additional 70,000 baht for every day that the payment is overdue.
He said he could not sleep and had consulted a lawyer who suggested that he wait until a lawsuit is actually filed.
The owner of another restaurant in Songkhla province said she received a demand for 700,000 baht in compensation if she did not remove the “Pang Cha” name from the dishes on her menu, adding that she decided to delete the wording.
Meanwhile, the Department of Intellectual Property said that “Pang Cha”, which is shaved ice doused with Thai tea, has been sold widely for a long time and that the dessert cannot be patented adding, however, that the “Pang Cha” shaved ice dessert can be sold by any outlet.
Since the Lukkaithong restaurant has also been granted a patent for a “Pang Cha” container, other restaurants should be careful not to use the same design, or they could be deemed as having violated the patent.
Meanwhile, Peeramon Chomdhavat, an expert in Thai traditional costumes, questioned in a Facebook post where the Lukkaithong logo, featuring a woman dressed in traditional Thai costume, came from.
He said that the logo looks the same as his painting, which was printed in the Regency liquor calendar in 2007.
