Cussons Ltd, Phya Attakrom Manutti v Riew Chiang

• Jurisdiction: Tailandia
• Date: 12 November 1956
• Court: Obsolete Court (Thailand)

Siam, Supreme Dika Court.

(Prasart Winitchai, Manuparn Wimolsarn and Pibul Aisawan JJ.)

Cussons, Sons and Co. Ltd., Phya Attakrom Manutti

and

Riew Chiang, Director of Srimongkol Trading Corporation.

Treaties — Operation of — Treaties of Commerce and Navigation — Corporation Created under English Law with Principal Office in United Kingdom — Capacity to Sue and Be Sued Before Siamese Courts — Direct Application by Court of Provisions of Bilateral Treaties.

The Facts.—The plaintiff was a company incorporated under English law for the purpose of producing and selling chemicals, such as perfumes, cosmetics and ointments, in England and abroad. Its area of operation included Thailand. Among its products, the plaintiff sold a type of powder contained in tins labelled “Cussons Coronation Talcum” in Thailand through its sole distributor, Muller and Pipp (Thai) Co., Ltd., and two sub-agents, Sakul Thai Co., Ltd., and Kim Ha Hiang. In September 1953, the plaintiff applied for registration of its trade-mark in respect of this type of powder in accordance with the requirements of the Trade-Marks Act, 1931. The registry informed the plaintiff that this particular trade-mark resembled a trade-mark applied for by another person before the plaintiff's application. The plaintiff thereupon authorized its representative, Phya Attakrom Manutti, to bring an action before the Court for damages and to apply for an order from the Court to restrain the defendant from using the trade-mark in question. The defendants contended, inter alia, that it was not satisfied with evidence that the plaintiff was a juristic person under Siamese law, and that its representative was not lawfully authorized and therefore had no right to bring the action on the plaintiff's behalf. The plaintiff relied on Treaties of Commerce (details of which are set out in the Held, below) between Siam and the United Kingdom.

The Court of First Instance found that the plaintiff was a juristic person and that Phya Attakrom Manutti, its representative, was lawfully authorized to apply for registration of its trade-mark and to bring suit before the Court on its behalf. These findings were approved by the Court of Appeal, which reaffirmed the judgment of the Court below in favour of the plaintiff on the grounds that the word “Cussons” was the name of the plaintiff Company, that the picture in the trade-mark was designed by the plaintiff and had been used by it for fifty years, and that the articles in question were...