LIP CASE DOCTRINES (2018)

Atty. C. Busmente

FINALS a. Injury to a competitor

1. Ecole De Cuisine Manille v. Renaud Cointreau
- One may be an owner of a mark due to its actual use but may
not yet have the right to register such ownership here due
to the owner’s failure to use the same in the Philippines for
2 months prior to registration.
2. Lyceum of the Philippines v. CA
- “Lyceum” is as generic in character as the word “university”
and therefore, cannot be appropriated by anyone to the
exclusion of others.
3. Asia Brewery v. San Miguel
- A word or a combination of words which is merely
descriptive cannot be appropriated and protected as a
trademark to the exclusion of its use by others.
4. Shang Properties Realty v. St. Francis Development
- Geographically descriptive term – any noun or adjective that
designates geographical location and would tend to be
regarded by buyers as descriptive of the geographical
location of origin of the goods or service.
5. Dermaline, Inc. v. Myra Pharmaceuticals
- A registered trademark owner may prevent third parties
from using the mark without its consent.
6. Roma Drug v. RTC of Guagua
- IP Code grants third persons the right to import drugs or
medicines whose patents were registered in the Philippines
by the owner of the product.
- The drugs and medicines are deemed introduced when they
have been sold or offered for sale anywhere else in the world
7. Prosource v. Horphag
- Element of “likelihood of confusion” is the gravamen of
trademark infringement.
b. It must involve acts which are characterized as
contrary to good conscience, or shocking to
judicial sensibilities, or otherwise unlawful.
12. Batistis v. People
- Accused infringed the registered trademark by the colorable
imitation of it through applying the dominant features of the
trademark on the fake products.
13. Joaquin v. Drilon
- Copyright is purely a statutory right. The rights are only such
as the statute confers.
14. ABS – CBN v. Philippine Multi-Media System
- The imposition of the “must-carry rule”, a limitation on
copyright, is within the power of the NTC to promulgate
rules and regulations, as public safety and interest may
require, to encourage a larger and more effective use of
communications.
15. Habana v. Robles
- If so much is taken that the value of the original work is
substantially diminished, there is an infringement of
copyright.
16. NBI – Microsoft v. Hwang
- Infringement of a copyright is trespass on a private domain
owned and occupied by the owner of the copyright and,
therefore, protected by law.
17. Manly Sportswear v. Dadodette Enterprise
- Certificates of registration and deposit issued by the
National Library and Supreme Court Library serve merely as
a notice of recording and registration of the work but do not
confer any right upon the registered copyright owner or
automatically put his work under the protective mantle of
the copyright law.

8. Levi Strauss v. Clinton Apparelle

- Trademark dilution – lessening of the capacity of a famous
mark to identify and distinguish goods or services regardless
of the presence or absence of: (1) competition between the
owner of the famous mark and other parties; or (2)
likelihood of confusion, mistake, or deception.

9. Coffee Partners Inc. v. San Francisco Coffee

- Trade name need not to be registered with the IPO before
an infringement suit may be filed. All that is required is that
the trade name is previously used in trade or commerce in
the Philippines

10. Uyco, Uychiyong, and Uyco-Ong v. Lo

- The law on trademarks and trade names precludes a person
from profiting from deceiving the public as to the origins of
products.

11. Willaware Products v. Jesichris Manufacturing

- Characteristics of Unfair Competition:

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