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 […]
trademark infringement
8 posts
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. […]
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-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 […]