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 […]
Case Digest
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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 […]
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. […]
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, […]
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 as […]
G.R. No. L-25459 – 23 SCRA 1183 – Political Law – Basic Principles – Separation of Powers – Delegation of Legislative Power 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 company engaged in […]
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 years. […]
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 renewed […]
G.R. No. L-5378 – 95 Phil. 1 – Mercantile Law – Intellectual Property Law – Law on Trademarks, Service Marks and Trade Names – Test of Infringement Co Tiong Sa has been producing T-shirts since March 1947 and he had been using the brand “Freedom” which has been designed and […]