Summary of Key Points
Recent trademark disputes in the ready-to-drink industry have been on the rise: Chinese brand Luckin Coffee spent five years winning a lawsuit against a Thai "fake Luckin" company, obtaining compensation of over 19.21 million yuan, marking the first case in Thailand where trademark infringement was explicitly recognized as "malicious registration." Meanwhile, brand Jasmine Milk White was fined 10.3 million yuan for using a four-leaf flower design similar to that of LV. These two cases (one international and one domestic) signal that the ready-to-drink industry has entered a period of intellectual property "clearing up"—whether expanding overseas or operating locally, brands must prioritize protecting their trademarks and other intellectual assets as a critical necessity, otherwise they risk facing significant challenges.
1. Luckin Coffee's Battle Against Fakes in Thailand: A Five-Year Struggle
The Thai "fake Luckin" company didn't just simply imitate the brand; it completely replicated its logo and color scheme, adding Thai text to create an illusion of authenticity. Luckin's journey to protect its rights was a series of events:
- In early 2022, netizens exposed the fraud → Luckin denied the claims → The company filed a lawsuit in August of the same year;
- Luckin won the first-instance trial but lost later on and was even sued for 2 billion yuan;
- Luckin adjusted its strategy and won the second-instance trial in July 2026, receiving compensation of 95 million Thai baht (about 19.21 million yuan).
Significance: This is the first time in Thailand that a court has defined "malicious registration" as such—even if someone registers a trademark first, if they intentionally mimic a well-known brand and confuse consumers, they can still be found liable for infringement. This provides reassurance to other brands expanding overseas, giving them a clear legal basis to fight similar cases.
2. Expanding into Southeast Asia: "First Come, First Served" is the Biggest Minefield
Why do ready-to-drink brands prefer to enter Southeast Asia? The market is large (30 tea and coffee brands opened 250 new stores in the region in the first half of 2026, accounting for 60% of overseas expansions), but the trademark rules there are straightforward: the first to apply wins the registration, regardless of whether the design is a copy. For example, brand Tea Color Joy encountered this issue in 2019 when a Korean student registered the "Tea Color Joy" trademark and opened stores; without registering in advance, Tea Color had no choice but to accept the loss. Although Luckin won the lawsuit, it took five years and significant costs, and it still hasn't entered the Thai market.
Tip: Before entering Southeast Asia, make sure to register your trademarks to avoid regretting later.
3. Domestic Trademark Disputes: Similarities Can Also Lead to Infringement
Jasmine Milk White's case was different from Luckin's; it wasn't about trademark theft but the use of a logo similar to LV's four-leaf flower design. The court ruled in favor of the plaintiff, ordering Jasmine Milk White to pay 10.3 million yuan in compensation (including 10 million yuan for losses and 300,000 yuan for legal fees).
Implication: Intellectual property protection is becoming stricter in China. Even if you don't intend to imitate a brand, using a logo that resembles someone else's registered trademark enough to confuse consumers can result in legal action, with significant fines (10 million yuan being no small amount for a new tea drink brand).
4. The Industry Enters an "Intellectual Property Clearing Up" Period
Why do we say this is a "clearing up" period?
- In the past, the industry grew rapidly, and many brands focused on expanding their stores while neglecting intellectual property protection;
- With increased competition, brands are now paying more attention to their IP assets (trademarks, logos, etc.), and there are more cases of using legal means to protect them;
- The cost of making mistakes is rising (Luckin's five-year struggle and Jasmine Milk White's 10-million yuan compensation).
What Brands Should Do?
1. Register in Advance: Register trademarks in target countries before expanding overseas, and also protect relevant trademarks domestically.
2. Regularly Monitor: Check for any copies of your logo or trademarks.
3. Act Promptly: If infringement is detected, take legal action immediately; the earlier you act, the lower the costs.
In summary, the "wild growth" phase of the ready-to-drink industry has passed. Now, success depends not only on products and traffic but also on the strength of intellectual property protection. Without it, brands that have worked hard to build their businesses could see their efforts stolen by others in an instant.