G. R. No. 137191 – 392 SCRA 61 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Bouncing Checks Law – Knowledge of Insufficiency of Funds Ben Rico is a contractor who purchases construction materials from Ever Lucky Commercial. Through the course of his business with Ever […]
Mercantile Law
G.R. No. 71694 – 200 SCRA 637 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – Assignment of Credit Nyco Sales Corporation has discounting privileges with BA Finance Corporation. In 1978, brothers Renato Fernandez and Santiago Renato (officers of Sanshell Corporation) approached Nyco Sales Corporation for a […]
G.R. No. L-28226 – 35 SCRA 140 – Mercantile Law – Negotiable Instruments Law – Notice of Dishonor – 24 Hour Clearing House Rule On 8 March 1965, the Philippine Long Distance Telephone Company (PLDT) drew a check against its account with the Hongkong and Shanghai Banking Corporation (HSBC) for P14,608.05. […]
G.R. No. 105461 – 227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22 Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements; Damage is not an element of violations of BP 22 Marlyn Lazaro, a businesswoman, was paid by Rudy […]
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. 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 […]