Case study – trade dress and brand protection in Thailand’s copier paper business

Abstract

Purpose: The purpose of this paper is to describe and analyze an unusual legal development concerning brand protection in Thailand. The case study elucidates many key concepts in brand management and the political economy of Thailand. Design/methodology/approach: A case study approach is adopted, in which a chronology of key events surrounding a supreme court decision are developed. An analysis of the causes and consequences of the verdict is presented drawing on inputs from legal and business experts. Findings: The decision at the center of this case is ground breaking. Unlike conventional infringement decisions that are based on tangible designs of products, this case established protection of a brand image based on advertisements aired on television. It is argued that the decision went too far in the protection of trade dress and may potentially limit freedom and creativity for future marketing campaigns. Practical implications: Intellectual property protection in developing economies such as in Thailand can be complicated by a lack of clear laws and the political and social influence of the parties involved. Originality/value: The case provides the first analysis of a potentially consequential supreme court decision with links to the unique context of the political economy of Thailand.