PROBLEMS OF CONSUMER PROTECTION RELATING TO TRADEMARK LAW A CASE STUDY IN REGARD TO USAGE OF UNFAIR METHOD TO CAUSE CONFUSION ON AUTHENTICITY OF TRADEMARK OWNERSHIP

Abstract

At present, some business operators use dishonest methods to run their businesses. For example, they imitate trademarks or packaging of other businesses in order to use well-known trademarks and confuse the consumer. In some cases, trademark law may not give sufficient protection of the consumer’s interests. Some business operators have registered or changed the juristic person’s name by using the trademark of others without the permission of the trademark owner, or have used part of another’s trademark as their own. This causes confusion to the consumer who may think that the trademark owner and such juristic person are the same or an affiliated company. The consumer may buy products or receive services from the juristic person who is using another’s trademark because they rely on the quality of the real trademark owner. This causes damage to the consumer who does not receive the products or services from the real trademark owner, and the product or service from the business operator who is not the real trademark owner may not have been of an equal quality to the product or service from the real trademark owner.                                                                   

Under Thai law, there are many laws which are intended to protect the consumer. However, in the case that the business operator has registered or changed its juristic person’s name by using the trademark of others or part of it without permission and causes confusion to the consumer, the consumer does not receive proper protection under Thai law.

Under international law, there is an unfair competition principle in the Paris Convention. Any act of competition contrary to honest practices such as causing confusion, discrediting competitors and misleading the public is prohibited under international law. The act of some business operators above can be considered as unfair competition.

Since the present Thai law may not apply to protect the consumer who confused on authenticity of trademark ownership, in order to resolve this problem, the article proposes that the legislature should enact a new special statute covering unfair competition.                                                            

The unfair competition law should set out the acts that will be considered as unfair competition and include the acts which causes the consumers to confuse on authenticity of trademark owner for giving the protection to the consumer.