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 the […]
Howard
1746 posts
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 ownership […]
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 Facial […]
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 (VRB) […]
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 Me. […]
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 copyrighted […]
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 De […]
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 registration […]
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 or […]
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. In […]
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 engaging […]
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 Mr. […]
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 another, […]
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 Rubber […]
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 of […]
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 barbeque, […]