The owner of the “Flower box” trademark won its case and the competitor was ordered to stop the infringement. But the owner did not receive a single dong of the VND 350 million it claimed in damages. The reason: it could not prove its actual loss. This article explains what evidence the court needs and how to prepare it from the day you discover an infringement.
1. The case in 60 seconds
Thuận Hòa Company owns the trademark “Flower box”. It sued Hoàng Ân Company for using the name Flowerbox.vn and claimed VND 350 million in damages.
Does winning on infringement mean you will be awarded damages? What evidence does the court need before it accepts the amount claimed?
Have a bailiff’s record (vi bằng) made and request an expert assessment as soon as you find an infringement. Keep accounts and invoices that prove your actual loss.
2. What happened?
- Rights are established. Thuận Hòa Co., Ltd. is the owner of the trademark “Flower box” for fresh flower services.
- The infringement is discovered. Hoàng Ân Company opened a shop under the name Flowerbox.vn and set up a website selling flowers in a similar way.
- The lawsuit. Thuận Hòa asked the court to order the infringement to stop, a public apology, VND 300 million in compensation for business loss and VND 50 million for costs.
- Evidence at the hearing. The plaintiff only submitted a few marketing proposals, internal plans and the defendant’s retail invoices. It had no financial statements and no valid invoices for its costs.
- The court rules. Judgment No. 938/2013/KDTM-ST (People’s Court of Ho Chi Minh City) ordered the infringement to stop but rejected the whole claim for damages.
3. Where is the legal issue?
Was there an infringement?
Using a sign identical to the trademark for the same services, on a shop sign and a website, was found to be an infringement. The plaintiff won on this point.
Who must prove the damage?
The plaintiff. The court only accepts actual loss that has already occurred and is supported by lawful evidence.
What does damage include?
Loss of property, reduction in income and profit, loss of business opportunities, and reasonable costs of preventing and handling the infringement, including lawyers’ fees.
Which evidence carries weight?
A bailiff’s record, an IP expert assessment conclusion, financial statements, tax returns and invoices for costs. Internal plans and estimated figures are not enough.
4. From the facts to the management lesson
| Fact | Analysis | Lesson |
|---|---|---|
| The plaintiff claimed VND 300 million in compensation for business loss. | There were no financial statements or tax returns proving a fall in revenue or profit. The amount claimed was treated as an estimate. | Compare financial statements and tax returns from before and after the infringement appeared. |
| The plaintiff claimed VND 50 million for the costs of handling the infringement. | It could not submit valid invoices or payment records for these costs. | Keep the legal services contract, bank transfer records and invoices for the bailiff’s record, the expert assessment and test purchases. |
| The evidence was mainly marketing proposals, internal plans and the defendant’s retail invoices. | Internal documents do not prove that actual damage has occurred. | Have a bailiff’s record made of the infringing acts as soon as you find them, before the infringer removes the traces. |
Fact: facts stated in the judgment · Analysis: FC Legal’s view · Lesson: what businesses should do.
5. What did the court decide?
In Judgment No. 938/2013/KDTM-ST, the People’s Court of Ho Chi Minh City:
- ordered the defendant to stop using the infringing trademark on its shop sign and website, and to make a public apology in the press;
- rejected the plaintiff’s whole claim for damages of VND 350,000,000.
Articles 204 and 205 of the Law on Intellectual Property: the plaintiff must prove its actual loss (loss of property, reduction in income and profit, loss of business opportunities). A claim for damages that is only an estimate, or is not supported by lawful documents, will not be accepted.
6. What should businesses do now?
- Have a bailiff’s record made as soon as you find an infringement. Record the goods on sale, make a test purchase with an invoice, and capture the premises, the website and the fanpage before they are taken down. A bailiff’s record (vi bằng) is a record of facts made by a licensed bailiff (thừa phát lại).
- Request an industrial property expert assessment yourself. Send samples of the infringing goods to the Vietnam Intellectual Property Research Institute (Viện Khoa học Sở hữu trí tuệ, VIPRI) for an assessment conclusion. This is technical evidence that carries weight in court.
- Keep a full set of cost documents. The legal services contract, transfer records for lawyers’ fees, invoices for test purchases, and fees for the bailiff’s record and the expert assessment.
- Prepare figures that prove the damage. Financial statements and tax returns comparing revenue and profit before and after the infringement appeared.
Many businesses only think about evidence once they have decided to sue. By then, the traces of the infringement have often been removed and the loss figures are hard to rebuild. As soon as you discover an infringement, open a separate “infringement file” and give one person the job of updating the documents and business figures every month.
Ask a lawyer →7. Frequently asked questions
If I win a trademark infringement case, will I definitely get damages?
No. The Flower box case shows that the court can order the infringement to stop but reject the claim for damages if the plaintiff cannot prove its actual loss.
What is a bailiff’s record used for?
It records the infringing acts objectively at a given time, such as products on sale or website content. It is an important source of evidence when the traces may be removed.
Can lawyers’ fees be counted as damage?
The reasonable cost of hiring a lawyer may be considered for compensation if there is a services contract and valid payment records.
Build your evidence file and handle IP infringement with an FC Legal lawyer
As soon as you find counterfeit goods, or a website or shop using your trademark.
- Arranging the bailiff’s record, test purchases and expert assessment
- Building the file that proves your damage
- Acting for you to send demands, sue and claim damages
Please do not send confidential documents or personal data through the form.
Sources
People’s Court of Ho Chi Minh City: Judgment No. 938/2013/KDTM-ST, dispute over the Flower box trademark.
National Assembly: Law on Intellectual Property, consolidated text including the amendments of 2009, 2019 and 2022.
This article is for reference. It analyses published judgments and does not replace legal advice on a specific case. Some parties’ names are abbreviated as in the published judgments. For detailed advice, please contact the FC Legal legal team.
Prepared by the FC Legal legal team and reviewed by FC Legal’s managing lawyer. Updated 30 September 2026.
