G.R. No. 217194 – 817 Phil. 1030 – Mercantile Law – Intellectual Property Law – Trademark – Trademark Infringement – Dominancy Test – Dominant Features of a Trademark – Coffee Mate vs Coffee Match In June 2007, Puregold Price Club, Inc., a corporation created and registered under Philippine laws, filed […]
Intellectual Property Law
G.R. No. L-28351 – 168 Phil. 223 – 78 SCRA 62 – Mercantile Law – Corporation Law – Tradenames 78 SCRA 62 – Mercantile Law – Intellectual Property Law – Trademarks – Use of Tradenames – When is there confusion In 1953, Universal Textile Mills, Inc. (UTMI) was organized. In […]
A.M. No. 10-7-17-SC – 642 SCRA 11 – Legal Ethics – Duty of Counsel To Cite Law/Jurisprudence Without Alteration Mercantile Law – Intellectual Property Law – Copyright – Plagiarism – Attribution The Malaya Lolas received an adverse decision in the case Vinuya vs Romulo decided by the Supreme Court on […]
A.M. No. 10-7-17-SC – Mercantile Law – Intellectual Property Law – Copyright – Plagiarism Legal Ethics – Judicial Ethics – Integrity On April 28, 2010, the Supreme Court issued a decision which dismissed a petition filed by the Malaya Lolas Organization in the case of Vinuya vs Romulo. Atty. Herminio Harry […]
G.R. No. 121267 – 368 SCRA 9 – Mercantile Law – Law on Intellectual Property – Law on Patents – Compulsory License In August 1989, Danlex Research Laboratories petitioned before the Bureau of Patents, Trademarks and Technology Transfer (BPTTT) that it may be granted a compulsory license for the use […]
G.R. No. 140946 – 438 SCRA 224 – Mercantile Law – Intellectual Property – Law on Copyright – Probable Cause in Issuing Search Warrant In 1996, Dominador Samiano, Jr., an agent of the National Bureau of Investigation (NBI) conducted a surveillance against Maxicorp, Inc. He observed that Microsoft Softwares (Windows […]
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. Reproduce […]
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 were […]
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 in […]
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 […]
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. 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 […]