G.R. No. 175769-70 – 576 SCRA 262 – Mercantile Law – Intellectual Property – Law on Copyright – Must-Carry Rule Philippine Multi-Media System, Inc. (PMSI) is a signal provider which has cable and satellite services. It is providing its satellite services through Dream Broadcasting System. PMSI has its “Free […]
Monthly Archives: February 2012
39 posts
G.R. No. 147043 – 460 SCRA 428 – Mercantile Law – Intellectual Property – Law on Copyright – Copyright Infringement In May 1993, Microsoft Corporation and Beltron Computer Philippines, Inc. entered into a Licensing Agreement. Under Section 2(a) of the Agreement, Microsoft authorized Beltron, for a fee, to: 1. […]
G.R. No. 156804 – 453 SCRA 360 – Mercantile Law – Intellectual Property – Law on Copyright – Probable Cause In 2000, Sony Music Entertainment (Phils.), Inc. sought the assistance of the National Bureau of Investigation (NBI) agent Lavin as they complained that Solid Laguna Corporation, together with its officers […]
G.R. No. 131522 – 310 SCRA 522 (369 Phil. 764) – Mercantile Law – Intellectual Property – Law on Copyright – Infringement Pacita Habana and two others were the authors of College English for Today Series 1 and 2 (CET). While they were researching for books to assist them […]
G.R. No. 148222 – 409 SCRA 231 – Mercantile Law – Intellectual Property – Law on Copyright – Copyrightable Subject Pearl & Dean (Phil), Inc. is a corporation engaged in the manufacture of advertising display units called light boxes. In January 1981, Pearl & Dean was able to acquire copyrights over […]
Registration in the Supplemental Register, serves as notice that the registrant is using or has appropriated the trademark. By the very fact that the trademark cannot as yet be on guard and there are certain defects, some obstacles which the use must still overcome before he can claim legal […]
G.R. No. 115758 – 379 SCRA 410 – Mercantile Law – Intellectual Property – Law on Copyright – Proper Subjects of Copyright; Commercial Products cannot be copyrighted Elidad Kho is the owner of KEC Cosmetics Laboratory and she was also the holder of copyrights over Chin Chun Su and its Oval […]
G.R. No. 111267 – 262 SCRA 219 – Mercantile Law – Intellectual Property – Law on Copyright – Requirements Before a Search Warrant May Be Issued in Copyright Cases – Piracy Political Law – Constitutional Law – Bill of Rights – Search Warrants In 1986, the Videogram Regulatory Board […]
G.R. No. 108946 – 302 SCRA 225 – Mercantile Law – Intellectual Property Law – Law on Copyright – Game Show – Ideas and Concepts Not Covered by Copyright – Presentation of the Master Tape BJ Productions Inc. (BJPI) was the holder of copyright over the show Rhoda and […]
G.R. No. 131502 – 333 SCRA 390 – Mercantile Law – Intellectual Property – Law on Copyright – Forum Shopping – Litis Pendentia Remedial Law – Civil Procedure – Rule 36 – Judgment – Body vs Dispositive Portion Wilson Ong Ching Kian Chung is selling vermicelli (sotanghon) using his […]
G.R. No. L-15126 – 3 SCRA 596 – Mercantile Law – Negotiable Instruments Law – Rights of the Holder – What Constitutes a Holder in Due Course – Is a payee a holder in due course? Matilde Gonzales was a patient of the De Ocampo Clinic owned by Vicente […]
G.R. No. 112012 – 356 SCRA 207 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Generic Term – Dominancy Test vs Holistic Test In 1984, CFC Corporation filed with the Bureau of Patents, Trademarks, and Technology Transfers an application for the […]
A trade name is any individual name or surname, firm name, device or word used by manufacturers, industrialists, merchants and others to identify their businesses, vocations or occupations. As the trade name refers to the business and its goodwill … the trademark refers to the goods. The ownership of a trademark […]
The distinctions between the two are: 1. Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition is the passing off of one’s goods as those of another. 2. In infringement of trademark fraudulent intent is unnecessary whereas in unfair competition fraudulent intent is essential. 3. […]
G.R. No. L-78325 – 181 SCRA 410 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade – Trademark Infringement – Unfair Competition – Holistic Test Del Monte Corporation is an American corporation which is not engaged in business in the Philippines. Though not […]
G.R. No. 100098 – 251 SCRA 600 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Trademark Infringement In 1981, H.D Lee Co., Inc., a foreign company, filed an opposition against the trademark application of Emerald Garment. Allegedly, the trademark “Stylistic […]