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Supreme Court Opinion Summaries (11/2548)
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Note concerning Thailand Supreme court opinions: Thailand is a civil law jurisdiction that also has elements of the common law system. Accordingly, the principle law sources are acts, statutes and regulations. However, published Supreme court decisions are an important part of the legal development of Thailand and are frequently used as a secondary authority. (Summaries sponsored by Chaninat & Leeds) |
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11/2548 Thailand Supreme
Court Opinion 115 (No. 6580) 2005
T.C.
Pharmaceutical Industrial vs. Vinai Kongkiatepaiboon
Re:
Trademark
The
word “sponsor” means support in the English language,
therefore it is a natural word and not a word that was created.
As for the word “sponsor” in the Thai, it was spelled
in the Thai alphabet according to the pronunciation of the English
word “sponsor”. The plaintiff register a trademark under the words "sponsor" and “sponsor” (in
Thai) in 1983. Products and commercials have been made under this
trademark, but they were not successful. The plaintiff registered
the trade-mark to produce mineral and other types of drinks, which
are products under Category 42. The defendant, however, requested
to register a trademark for flip flops under Category 25. Although
the defendant and the plaintiff use the same trademark, they are
creating different products; therefore the plaintiff can not sue
the defendant. |
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11/2548 Thailand Supreme
Court Opinion 32 (No. 4464) 2005
Managing
Capital Sukhumvit Company vs. United Grand Company
Re:
Loan Contract
In
a previous court case, the defendant was charged with breaching
a loan contract with the plaintiff and was forced to mortgage. The
defendant counterclaimed that a bank had breached their contract
with the defendant therefore causing the Thailand company registration Kor to be unable
to manufacture products and pay of their debt. The counterclaim
of the defendant, however, was not related to the claim and therefore
could not be considered in court. |
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11/2548 Thailand Supreme
Court Opinion 140 (No. 7062) 2005
Jidorn
Thongon vs. Sing/Kumsing Doksutud
Re:
Loan Contract
OR took out a loan
from the Bor Agriculture Cooperation in the amount of 500,000 baht
on behalf of the plaintiff and used the Thailand land of the plaintiff as collateral.
OR borrowed money on behalf of the plaintiff because the plaintiff
was not a member of the Agriculture Cooperation and could not borrow
the money himself. OR received money in the amount of 431,928 baht
after deducting debt and share. The plaintiff alleges that OR gave
money to the defendant for the plaintiff, but that the plaintiff never
received the money. However as OR was the principle debtor who signed
the loan agreement and the loan was not taken out in the name of the
plaintiff and the plaintiff did not formerly engage the defendant
as an agent to receive money on his behalf, the plaintiff has no claim
against the defendant. If OR wished to give money to the defendant
for giving to the plaintiff, then this is an issue between the defendant
an OR. The plaintiff can not sue the defendant in this case. |
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11/2548 Thailand Supreme
Court Opinion 115 (No. 7386) 2005
Veerachai
Narkwatchara vs. Yupa Rutthanasanghirun
Re:
Rental Contract
The
plaintiff agreed verbally to allow the defendant to continue to
rent a building after the rental term in their written contract
had elapsed. However the new agreement was not written in the old
contract. Although the plaintiff consented to their new agreement
before the old contract ended and created a new contract, the consent
was not given as a written contract therefore the defendant can
not force the plaintiff to allow her to continue to rent the building.
Therefore the plaintiff had the right to evict the tenant after
their written contract had ended.
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