As its title implies, the test of dominancy focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. xxx xxx xxx . . . If the competing trademark contains the main or essential or dominant features of […]
Monthly Archives: February 2012
G.R. No. L-27906 – 147 SCRA 154 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Trade Name Infringement – Convention of the Union of Paris for the Protection of Industrial Property Converse Rubber Corporation is an American corporation while Universal […]
G.R. No. L-10487 – 27 Phil. 312 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Trademark Infringement – Unfair Competition Since 1905, M.A. Clarke has been producing and selling candies in the Philippines. His trademark has always been an image […]
G.R. No. 166115 – 514 SCRA 95 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Dominancy Test vs Holistic Test Since 1987, MacJoy Devices had been operating in Cebu. MacJoy is a fast food restaurant which sells fried chicken, chicken […]
G.R. No. 103543 – 224 SCRA 437 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Unfair Competition In September 1988, San Miguel Corporation (SMC) sued Asia Brewery Inc. for allegedly infringing upon their trademark on their beer product popularly known […]
G.R. No. L-25459 – 23 SCRA 1183 – Political Law – Basic Principles – Separation of Powers – Delegation of Legislative Power – Overbreadth Note: This case is consolidated with G.R. No. L-24796: DIRECTOR OF FORESTRY vs HON. EMMANUEL M. MUNOZ Pinagcamaligan Indo-Agro Development Corporation, Inc. (Piadeco) was a […]
G. R. No. 156888 – 507 SCRA 283 – Civil Law – Land Titles and Deeds – Spanish Titles Inadmissible as Evidence In 1994, Victoria Rodriguez inherited a parcel of land from his father. She leased the land to Pedro Santiago and Armando Mateo for a period of 50 […]