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 […]
Yearly Archives: 2012
381 posts
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 […]
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 […]
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 […]
G.R. No. 115106 – 255 SCRA 152 – Mercantile Law – Intellectual Property Law – Law on Patents – Infringement – Karaoke Machine Roberto Del Rosario was granted a patent for his innovation called the “Minus One” karaoke. The patent was issued in June 1988 for five years and was […]