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Starbucks Legal Team Sues Bangkok Street Vendor

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Coffee giant sues the owner of Starbungs for copyright infringement. EPA/NARONG SANGNAK

 

BANGKOK  – The sun in Bangkok doesn’t shine, it hates. High noon in the world’s hottest city hits like a trashcan lid in the face as heaving, pollution spewing traffic slaughters your breath. Money stays home, and people with just sense find shade. But men like Bung – a Thai street merchant with six children, overdue school payments, and one darkly mounting debt to a Thai loan shark – press into this withering heat, day after day. Driving a precariously strapped, bolted, taped, and jury-rigged motorcycle/café through Bangkok’s labyrinth of soot-covered souls, he sells coffee to survive. Most coffee sellers here worry about being hit by swerving taxis. Bung worries about being crushed by a lawsuit from Starbucks.

The reason this latte-hissing, multinational behemoth – sprawling through 62 sovereign lands with nearly 21,000 militantly uniform outposts – paused in the process of pulling $13.3 billion from the planet last year to sue a Thai man named Bung is, by legal standards, totally justified. But standards of humanity point to a different view of this Man vs. (coffee) Machine tale.

The battle between possibly the most famous brand in the universe and a Thai guy who owes a loan shark started after Bangkok Bung hit a bad patch in sales. Floundering in the local market – a bare-knuckle cash game filled with identically farting moto-fueled cafes – Bung decided to leverage his assets through brand identity. More precisely, he ripped Starbucks off by making a practically duplicate green sign, right down to their signature green, stars, and iconic font – but now spelling out “Starbung” – and hoisting it high atop his street café.

It worked. For the financially hammered working-class Thai, “going for a Starbucks” is something like “jaunting off to Malta.” It just isn’t done. Many millions of them live, sweat, and die without ever sipping a macchiato, so it was tough for them to pass by Bung’s rolling cafe and not smile. Rich people had Starbucks, and now poor people had Starbungs. Bung had a hit, by Thai street standards – he was clearing about $15 a day. For a minute, life was good. Well, as good as it can be when you spend 14 hours every day pouring hot coffee in the teeming streets of Bangkok.

Then came the lawyers. How Starbucks detected Starbung’s hand-drawn threat is unclear, but their hounds of law were sent bounding to Thailand in late September of last year, dutifully filing a cease-and-desist order on a third-world street peasant.

Peasant is not mere poetic employ in this charade. Thailand prides itself on being a vibrant democracy, but influence is wielded by a vastly powerful landed class where nepotism, favoritism, and cronyism prevail. “In Thailand’s most recent general election of July 3, 2011,” The Bangkok Post noted, “42 percent of MPs elected were replacing family members.” That’s probably a pleasant stat to read if you’re popping by Uncle Somchai’s to pick up the keys to the office, but the Bungs of this world face a largely lateral journey through a somewhat brutal, feudal terrain. The bright side of this is a generously slathered fudge of tolerance. Street business is largely a “whatever” zone, where the pummeling Western maze of paperwork, permits, health code ratings, fire inspections and insurance are for the most part dispensed with. If you want to buy a motorcycle and strap a coffee pot on the side and sell it for 50 cents a cup, fine. If you decide to call it Starbungs and start handing out stickers, who friggin’ cares?

Starbucks, for one, and through the international court of law, it let Starbung know just how much. Starbucks filed a petition seeking the arrest of Starbung and his younger brother, as well as financial compensation to the tune of about $10,000. This science-fiction sum for a man of Bung’s means was to be compounded with 7.5 percent interest per annum until he stopped using the logo, to be delivered in monthly payment of roughly $1,000. Oh, and don’t forget the Starbucks legal fees—those are on Bung, too.

To Starbuck’s credit, it began with that cease-and-desist order, filed in 2012. When Bung’s response didn’t exist, a duplicate was dispatched. Starbung replied this time, slightly altering his logo, then offering Starbucks a deal: He’d sell them his business for about $10,000. Declining this franchise opportunity, Starbucks proceeded to go write up the Bung. Papers were filed with international intellectual property courts, and the wheels of coffee justice were set spinning for his day in court in early November.

Till then, Starbung was in business. I found him a few days before the hearing in Bangkok’s old city, near the remains of a walled fort. Silenced cannons angled overhead as I battled through traffic, dodging roaring motorcycles for my Starbung moment. It’s hot. I’m sweating. Everyone is. Reaching the branded outlaw, I find that the little guy, in this case, is really a little guy. I order my coffee black. Bung shakes his head in surprise. Most Thais don’t understand the foreigner’s taste for bitterness. Skipping his cans of heavy, thick cream and milk, ignoring the jars of sugar, he moves fast, a man practiced at making short money in the streets. My coffee is poured into a Starbung cup, served with a Starbung sleeve. A Starbung sticker follows. I accidentally overpay. Bung wordlessly returns my bill.

The dark brew is very strong. I realize too late that I probably won’t sleep much tonight. Then I wonder how Starbung is sleeping. It seems reasonable to assume that a man being sued by one of the largest brands on the planet might miss a few Zs, but this is Thailand, and things are different here. The clash between Bung’s free-flowing Thai street sensibility and Starbucks’ rigid application of law and order is the essential, abiding contradiction of this place.

Made jittery by the late afternoon Starbung brew, my sleep that night is fitful. Black dreams flit past: Bung in shackles at the Starbucks prison while Norah Jones blasts through the PA. But the next morning, dawn brings reason and relief. Fumbling for my mobile phone, I see on social media that Bung has cut a deal: He has agreed to change the name of his business to “Stylebung Coffee-Tea.” Starbucks flexed, but did not smash: the giant remains respected, domain protected. The little guy showed heart and smarts: he won a year of publicity, becoming the only Thai street coffee hustler with international brand recognition. So maybe we’re not so messed up after all. The thought makes me smile. I look outside and see that’s it going to be another sunny, hot day in Bangkok. I think I’ll start mine with a Stylebung.

 

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Thai Immigration Police Detain Over 26,000 Illegal Migrant Workers

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Illegal Migrant Workers

Thailand’s Immigration Police have detained approximately 26,000 illegal migrant workers from Laos, Myanmar, and Cambodia during an eight-day operation in Bangkok and surrounding regions, according to a Royal Thai Police spokesperson.

Mr Adisorn Keudmeuangkhon of the Bangkok-based Migrant Working Group said the drive was in response to an increasing number of concerns about an influx of illegal migrant labor.

“Some Thai people see that many illegal workers are competing for their job positions in the past few months,” he told me. “That’s why the ministry has to take tougher action.”

Civil strife in Myanmar and the recent implementation of a military conscription have driven thousands of Burmese into Thailand, while severe inflation and limited job opportunities in Laos have also encouraged an influx of workers from that country.

Between June 5 and 12, officials detained and checked 20,111 Myanmar laborers, 1,659 Laotian migrant workers, and 3,971 Cambodian workers, according to the Ministry of Labor.

It marked the start of a 120-day campaign to audit workplaces and arrest unlawful migrant workers, according to the government.

migrant workers

Migrant Workers to be Deported

According to Keudmeuangkhon, undocumented workers face fines ranging from 5,000 to 50,000 Thai baht (US $136 to $1,365), deportation, and a two-year prohibition on re-entering Thailand.

Authorities did not intend to file criminal charges, he claimed.

Authorities raided 1,774 workplaces, according to Moe Gyo, chairman of the Joint Action Committee on Burmese Affairs, which advocates for Myanmar labor rights.

He stated that since the military junta activated conscription, there has been an upsurge in the number of arrests of Myanmar citizens in Thailand who do not have a work permit identity card.

All men aged 18 to 35 and women aged 18 to 27 must serve in the military for at least two years. The first group of 5,000 conscripts summoned by Myanmar’s junta will start duty at the end of this month, military sources told AFP on Monday.

According to Keudmeuangkhon, the bulk of Lao migrant workers in Thailand work as fresh market shopkeepers, restaurant servers, and mall salespeople.

Most people visit Thailand as part of ASEAN’s visa-free policy for tourists, but they stay longer than the 30-day restriction once they find job.

“Employers like to hire Lao migrant workers in the service sector because they can speak fluent Thai,” he told me.

Illegal Migrant Workers

Immigration Police Detain Illegal Migrant Workers

The Thai Cabinet may approve an enhanced program for Thai employers to register their unauthorized foreign workers in July or August. Keudmeuangkhon explained.

Last month, the Thai Ministry of Labor’s Foreign Workers Administration office announced that 268,465 Lao migrant workers were officially working in Thailand.

Baykham Kattiya, Lao Minister of Labor, told Radio Free Asia earlier this month that there are 415,956 migrant workers in other nations, the majority of whom work in Thailand.

According to her, the Lao government believes that over 203,000 persons working outside of the nation lack proper work documents.

However, a Lao official familiar with the labor industry informed Radio Free Asia, a BenarNews-affiliated news station, on June 20 that the number of illegal Lao migrant workers in Thailand and abroad is likely significantly greater.

“They go to other countries as illegal migrant workers through different types of methods – as tourists or students,” said the politician. “Thus, it is hard for the immigration police to collect data on these people.”

Government Officials Responsible for Smuggling in Migrant Workers

Government Officials Responsible for Smuggling in Migrant Workers

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High School Student Dies After Being Electrocuted By School Water Dispenser

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Water Dispenser at High School
14-year-old boy was electrocuted by a water dispenser: File Image

Thailand’s Office of Basic Education Commission has initiated an investigation into the electrocution of a 14-year-old student by a water dispenser in a high school. The event happened at noon on Friday, during the high school’s sports day. The victim was a Grade 8 student.

According to local media in Trang Province, the incident occurred when a teacher instructed the pupil to turn off a water dispenser amid a heavy rain.

According to a witness, the child collapsed while strolling with his friend near a water station. The friend claimed he attempted to assist but was also shocked by electricity.

According to reports, the friend then recovered, left the site, and requested assistance from teachers. A teacher ran to the scene and used a towel to pull the boy away by the ankle. He was taken to the hospital, but it was too late, they claimed.

The event sparked criticism from parents and netizens over school safety, as well as the slow response to aid the young youngster.

Mr. Chainarong Changrua, head of Trang-Krabi’s Secondary Educational Service Area Office, told local media on Sunday that forensic officers from Trang Provincial Police had visited the area. They discovered the blown breaker switch behind the water dispenser, he explained.

The breaker was burned out, thus the authorities assumed the disaster was caused by a short circuit that allowed energy to spill to a neighboring power pole. The student also appeared wet and was not wearing shoes when electrocuted.

According to the Office of Basic Education Commission, a probe team will complete its investigation this week.

The student’s father, Mr Pornchai Thepsuwan, 53, claimed he was saddened when he saw his son’s body. The boy (Wayu), was the youngest of two boys, he explained. He stated that following the tragedy, the school director and staff gave financial assistance to the families.

Mr Pornchai also said he would not seek charges against the institution because he believed it was an accident.

Electrical accidents in Thailand

Electrocution instances in Thailand have increased alarmingly in recent years. Many mishaps occur as a result of improper wiring and inadequate maintenance of electrical systems.

Public locations, such as schools and markets, frequently lack adequate safety precautions, putting individuals in danger. In rural areas, antiquated infrastructure exacerbates the situation, resulting in more frequent and serious events.

Although several high-profile cases have brought these challenges to light, genuine progress has been gradual. Furthermore, the rainy season heightens the likelihood of electrical accidents, as water and exposed wires do not mix well.

The government has made steps to strengthen safety standards, but enforcement is patchy. More education on electrical safety could help to reduce these accidents.

Unfortunately, better infrastructure and tougher rules may have prevented many of these incidents. The loss and injuries caused by electrocution are avoidable, emphasizing the need for immediate action.

Over 200 High School Students Facing Sedition Charges in Thailand

Over 200 High School Students Facing Sedition Charges in Thailand

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Thailand’s Tourist Police Crackdown on Tourist Scammers in Pattaya

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Tourist Police Pattaya
Tourist Police Pattaya: File Image

Thailand’s Tourist Police said it is collaborating with embassies from five countries to combat tourist scams and ten criminal gangs in Pattaya. The Tourist Police Bureau, convened a meeting on Thursday Pol Lt Gen Saksira Phuek-am told a press briefing.

Pol Lt Gen Saksira Phuek-am, the Tourist Police bureau commissioner said the participants included ambassadors from South Korea, Ukraine, Russia, India, and Switzerland.

He told the briefing the he had ordered a crackdown on tourist frauds, such as fraudulent or low-quality tour operators and unfair sales of goods and services. Stepped-up operations began on June 19 and will continue until June 25.

He stated that the agency was working with numerous organisations to increase tourists’ confidence in visiting Pattaya.

Gen Saksira spent time on the famed Walking Street speaking with officers on duty and assigned them to seek for members of ten criminal groups known to operate in Pattaya.

Meanwhile, Prime Minister Srettha Thavisin will visit Chon Buri on Saturday to assess the tourism situation. He intends to visit the site of a future Formula One racecourse near Khao Phra Tamnak in Bang Lamung District.

Prime Minister Srettha recently met with Formula One organisers in Italy to examine the potential of including Thailand on the race schedule in the future.

On Sunday, the Prime Minister will pay a visit to Rayong’s U-tapao airport to discuss development on the airport’s land, with the goal of encouraging investment in the Eastern Economic Corridor.

Police Chief Reinstated

In other police news, Pol Gen Torsak Sukvimol has been reinstated as national police chief following the conclusion of an investigation into a highly publicised quarrel, according to Wissanu Krea-ngam, Prime Minister Srettha Thavisin’s counsellor.

Mr Wissanu released the investigation’s findings on Thursday, after the prime minister formed a fact-finding committee chaired by Chatchai Promlert to investigate into the quarrel between Pol Gen Torsak and his deputy, Pol Gen Surachate Hakparn.

The four-month study revealed conflicts and disorder at all levels of the Royal Thai Police, but it was unclear whether these issues arose from a single cause or several causes, according to Mr Wissanu.

The findings revealed that both Pol Gen Torsak and Pol Gen Surachate were involved, with each team contributing to the tensions, he noted.

Mr Wissanu indicated that Pol Gen Surachate was reinstated as deputy national police head on 18 April following his relocation to the Prime Minister’s Office on 20 March. A disciplinary committee was formed to investigate Pol Gen Surachate, and he was ordered temporarily suspended from the police force.

Because there were no further difficulties to explore, it was decided to restore Pol Gen Torsak. He plans to retire on September 30.

On March 20, Mr Srettha abruptly transferred both top police officers to the Prime Minister’s Office in an effort to address the growing schism within the police service.

Kitrat Panphet, Deputy National Police Chief, was subsequently named Acting Police Chief. According to sources, Pol Gen Surachate could face money laundering charges related to online gaming networks.

Source: Bangkok Post

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