Nestlé requests Appeals Court ruling on Minburi Civil Court’s jurisdiction in Nescafé dispute
The Minburi Civil Court has scheduled June 20 to deliver its ruling or hold a hearing on Nestlé’s request to lift the injunction
Nestlé, owner of the Nescafé brand, has submitted a petition requesting the President of the Specialized Appeals Court to determine whether the Minburi Civil Court has jurisdiction to proceed with a high-profile case concerning a temporary injunction on the production and sale of Nescafé products in Thailand.
The Minburi Civil Court has scheduled June 20 to deliver its ruling or hold a hearing on Nestlé’s request to lift the injunction, which had been granted to the Mahagitsiri family—longtime business partners of Nestlé in Thailand.
The case was brought by Chalermchai Mahagitsiri, Suvimol Mahagitsiri, and Prayudh Mahagitsiri. The defendants include Nestlé S.A., Societé des Produits Nestlé S.A., Nestlé (Thai) Ltd., Ramon Mendivil Gil, Nestlé ROH (Thailand), and Nestlé Trading (Thailand), totaling six parties.
Originally, the court was set to consider Nestlé’s motion—filed April 11—to revoke a temporary injunction issued on April 3, which prohibits the production, outsourcing, sale, and importation of Nescafé-branded products in Thailand. The ruling has reportedly impacted local entrepreneurs, farmers, and suppliers.
However, Nestlé’s legal team, representing the 2nd and 3rd defendants, submitted an additional petition arguing that the case falls under the jurisdiction of the Central Intellectual Property and International Trade Court, not the Minburi Civil Court. They cited that the dispute involves intellectual property matters, including patents and trademarks.
The plaintiffs’ lawyers objected, claiming that the motion was a delay tactic and that the case does not directly involve intellectual property rights. They requested to formally file a written objection by April 23.
The court agreed there was sufficient cause to allow the plaintiffs’ counterarguments and ruled that no further proceedings would take place until the jurisdictional issue is resolved. Once the plaintiffs submit their objection, the court will compile all relevant materials and forward them to the President of the Specialized Appeals Court for a decision.
The court has scheduled June 20, 2025, at 9:00 AM for either the ruling from the Appeals Court President or a hearing on Nestlé’s request to revoke the temporary injunction.
The historic legal battle over Nescafé rights in Thailand involves global food giant Nestlé, owner of the Nescafé brand, and the Mahagitsiri family, long-time business partners and co-founders of Quality Coffee Products Co., Ltd. (QCP), a joint venture established in 1990 to produce Nescafé in Thailand.
In 2021, Nestlé announced the termination of its licensing agreement with QCP, with the contract officially ending on December 31, 2024. Following the termination, shareholders from both sides failed to reach a consensus on QCP’s future operations.
This deadlock led Chalermchai Mahagitsiri, a shareholder in QCP, to file for a temporary injunction at the Minburi Civil Court. On April 3, the court granted the injunction, prohibiting Nestlé from producing, outsourcing, selling, or importing instant coffee products under the Nescafé trademark within Thailand.
On April 12, Nestlé Thailand issued a letter to business partners, stating that the Central Intellectual Property and International Trade Court had ruled in favour of Nestlé, recognizing it as the sole owner of the Nescafé trademarks in Thailand.
