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 […]
Mercantile Law
179 posts
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. 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 […]
G.R. No. L-27541 – 51 Phil. 80 – Mercantile Law – Insurance Law – Representation – Rescission of an Insurance Contract In April 1925, West Coast Life Insurance Company (West Coast) accepted and issued a temporary life insurance policy (pending further review) to Tan Ceang. The life insurance was for […]
G.R. No. 48049 – 174 SCRA 403 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract – Incontestability Clause In September 1973, Tan Lee Siong applied for a life insurance under the Philippine American Life Insurance Company (PHILAMLIFE). He stated in the application […]
G.R. No. 125678 – 379 SCRA 356 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract – Health Care Agreement is an Insurance Contract In 1988, Ernani Trinos applied for a health care insurance under the Philamcare Health Systems, Inc. He was asked […]
G.R. No. L-24899 – 51 Phil. 725 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract In February 1925, Bernardo Argente and his wife applied for a joint life insurance under West Coast Life Insurance Company (West Coast). The couple was examined by […]
G.R. No. 178678 – 585 SCRA 557 – Political Law – Constitutional Law – The Legislative Department – Party-List Representation – Leadership Disputes Within a Party List – Electioneering Mercantile Law – Corporation Law – Hold-Over Principle In 1999, Melquiades Robles was elected president and chairperson of BUHAY, a party-list group duly […]
117 SCRA 187 – Mercantile Law – Insurance Law – Representation – Collection of Premium Even Though Insured is Disqualified (Age) In April 1969, Carmen Lapuz filled out an application form for insurance under Manila Banker Life Assurance Corporation. She stated that her date of birth was July 11, 1904. […]