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Mercantile Law – Intellectual Property Law Case Digest

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Mercantile Law – Intellectual Property Law Case Digest Mercantile Law – Intellectual Property Law Case Digest DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW LIST OF CASES Intellectual Property Law I. Intellectual Property Code A. Intellectual Property Rights in General 1. Differences between Copyrights, Trademarks and Patent Pearl & Dean (Philippines), Inc. vs. Shoemart, Inc., G.R. No. 148222, August 15, 2003 B. Patents 1. Patentable Inventions Jessie Ching vs. William Salinas, et. al., G.R. No. 161295, June 29, 2005 2. Ownership of a Patent 1. Right to a Patent Pearl & Dean (Philippines), Inc. vs. Shoemart, Inc., G.R. No. 148222, ibid E.I. DUPONT DE NEMOURS AND CO. v. DIRECTOR EMMA C. FRANCISCO, GR. No. 174379, August 31, 2016 3. Rights Conferred by a Patent Domiciano Aguas vs. Conrado De Leon, G.R. No. L-32160, January 30, 1982 Manzano vs. Court of Appeals, G.R. No. 113388, September 5, 1997 Precision Systems, Inc.,vs. Court of Appeals, G.R. No. 118708, February 2, 1998 Del Rosario vs. Court of Appeals, 255 SCRA 152 (1996) Smith Kline Beckman Corporation vs. Court of Appeals, G.R. No. 126627, August 14, 2003 Philippine Pharmawealth, Inc.,vs. Pfizer, Inc., G.R. No. 167715, November 17, 2010 4. Patent Infringement a. Tests in Patent Infringement i. Literal Infringement Pascual Godines vs. Court of Appeals, G.R. No. 97343, September 13, 1993 ii. Doctrine of Equivalents 1 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Pascual Godines vs. Court of Appeals, G.R. No. 97343, ibid Smith Kline Beckman Corporation vs. Court of Appeals, G.R. No. 126627, ibid 2. Defenses in Action for Infringement Rosario Maguan vs. Court of Appeals, G.R. L-45101, November 28, 1986 5. Licensing Prince vs. United Laboratories, Inc.,166 SCRA 133 (1988) C. Trademarks Pribhdas J. Mirpuri vs. Court of Appeals, G.R. No. 114508, November 19, 1999 INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES v. HON. PAQUITO OCHOA, G .R. No. 204605, July 19, 2016 1. Acquisition of Ownership of Mark Elidad C. Kho, doing business under the name and style of KEC Cosmetics Laboratory vs. Court of Appeals, et. al., G.R. No. 115758, March 19, 2002 Air Philippines Corporation v. Pennswell, Inc., 540 SCRA 215 (2007). E.Y. Industrial Sales vs. Shien Dar Electricity and Machinery Co. , G.R. No. 184850, 20 October 2010 Superior Commercial Enterprises, Inc. vs. Kunnan Enterprises Ltd. and Sports Concept & Distributor, Inc., G.R. No. 169974, April 20, 2010 Birkenstock Orthopaedie Gmbh and Co. Kg vs. Philippine Shoe Expo Marketing Corporation, G.R. No. 194307, November 20, 2013 Taiwan Kolin Corporation, LTD. vs. Kolin Electronics Co., Inc.,G.R. No. 209843, March 25, 2015 Emerald Garment Manufacturing Corporation v. H.D. Lee Company, Inc., G.R. No. 210693, June 7, 2017 2. Non-Registrable Marks Lyceum of the Philippines vs. Court of Appeals, 219 SCRA 610 (1993) Societe Des Produits, Nestle, S.A. v. Puregold Price Club, Inc., G.R. No. 217194, September 6, 2017 Kensonic, Inc. v. Uni-Line Multi-Resources, Inc., (Phil.), G.R. Nos. 211820-21 & 211834-35, [June 6, 2018] 3. Prior Use of Mark as a Requirement Mattel, Inc. vs. Emma Francisco, et al., 560 SCRA 504 (2008) 4. Tests to Determine Confusing Similarity between Marks a. Dominancy Test 2 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Amigo Manufacturing, Inc. vs. Cluett Peabody Co., Inc., G.R. No. 139300, March 14, 2001 Societe Des Produits Nestle, S.A. vs. Court of Appeals and CFC Corporation, G.R. No. 112012, April 4, 2001 McDonald’s Corporation vs. L.C. Big Mak Burger, Inc., G.R. No. 143993, August 18, 2004 McDonald’s Corporation vs. Macjoy Fastfood Corporation, G.R. No. 166115, February 2, 2007 Prosource International, Inc. vs. Horphag Research Management SA, G.R. No. 180073, November 25, 2009 Berris Agricultural Co., Inc. vs. Norvy Abyadang, G.R. No. 183404, October 13, 2010 Dermaline, Inc. vs. Myra Phamaceuticals, Inc., G.R. No. 190065, August 1, 2010 Soceite Des Produits Nestle, S.A. vs. Dy, Jr., G.R. No. 172276, August 8, 2010 Sketchers USA vs. Inter Pacific Industrial Trading Corporation, GR No. 164321, March 28, 2011 Mang Inasal Philippines, Inc. v. IFP Manufacturing Corporation, G.R. No. 221717, June 19, 2017 Citigroup, Inc. v. Citystate Savings Bank, Inc., G.R. No. 205409, [June 13, 2018] b. Holistic Test Fruit of the Loom, Inc. vs. Court of Appeals, G.R. No. L-32747, November 29, 1984 Emerald Garment Manufacturing Corporation vs. Court of Appeals, G.R. No. 100098, December 29, 1995 Philip Morris, Inc. vs. Fortune Tobacco Corporation, G.R. No. 158589, June 27, 2006 Victorio Diaz vs. People of the Philippines, G.R. No. 180677, February 18, 2013 Seri Somboonsakdikul v. Orlane S.A., G.R. No. 188996, February 1, 2017 UFC PHILIPPINES, INC. v. FIESTA BARRIO MANUFACTURING CORPORATION, G.R. No. 198889, January 20, 2016 c. Doctrine of unrelated goods Hickok Manufacturing, Co., Inc. vs. Court of Appeals, G.R. No. L-44707, August 31, 1982 Faberge, Inc. vs. Intermediate Appellate Court, G.R. No. 71189, November 4, 1992 Canon Kabushiki Kaisha vs. Court of Appeals, G.R. No. 120900, July 20, 2004 Mighty Corporation and La Campana Fabrica De Tabaco, Inc. vs. E. & J. Gallo Winery and the Andresons Group, Inc., G.R. No. 154342, July 14, 2004 5. Well-Known Marks Pribhdas J. Mirpuri vs. Court of Appeals, G.R. No. 114508, ibid Mighty Corporation and La Campana Fabrica De Tabaco, Inc. vs. E. & J. Gallo Winery and the Andresons Group, Inc., G.R. No. 154342, July 14, 2004 3 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Sehwani, Inc. vs. In-N-Out Burger, Inc., G.R. No. 171053, October 15, 2007 Fredco Manufacturing Corporation vs. President and Fellows of Harvard College, GR No. 185917, June 1, 2011 6. Rights Conferred by Registration Berris Agricultural Co., Inc. vs. Norvy Abyadang, G.R. No. 183404, ibid 7. Infringement and Remedies Conrad and Company, Inc. vs. Court of Appeals, 246 SCRA 691 (1995) Shangri-la International Hotel Management Ltd., et al. vs. Court of Appeals, 359 SCRA 273 (2001) Melbarose R. Sasot and Allandale R. Sasot vs. People of the Philippines, G.R. No. 143193, June 29, 2005 Levi Strauss & Co., Levi Strauss (Phils.) Inc. vs. Clinton Apparelle, Inc., G.R. No. 138900, September 20, 2005 Tanduay Distillers, Inc.,vs. Ginebra San Miguel, Inc., G.R. No. 164324, August 14, 2009 W Land Holdings, Inc. v. Starwood Hotels And Resorts Worldwide, Inc., G.R. No. 222366, December 4, 2017 CATERPILLAR, INC., Petitioner, v. MANOLO P. SAMSON, G.R. No. 205972 and G.R. No. 164352, November 9, 2016 a. Trademark Infringement Del Monte Corporation and Philippine Packing Corporation vs. Court of Appeals, G.R. No. L-78325, January 25, 1990 Asia Brewery, Inc., vs. Court of Appeals and San Miguel Corporation, G.R. No. 103543, July 5, 1993 Pearl & Dean (Philippines) Inc. vs. Shoemart, Inc., G.R. No. 148222, ibid William C. Yao, Sr., et. al. vs. People of the Philippines, G.R No. 168306, June 19, 2007 Ong vs. People of the Philippines, G.R. No. 169440, November 23, 2011 Republic Gas Corporation (REGASCO), et. al. vs. Petron Corporation, et. al., G.R. No. 194062, June 17, 2013 Century Chinese Medicine Co., et. al. vs. People of the Philippines, G.R. No. 188526, November 11, 2013 ABS-CBN Publishing, Inc. v. Director of the Bureau of Trademarks, G.R. No. 217916, [June 20, 2018] Citigroup, Inc. v. Citystate Savings Bank, Inc., G.R. No. 205409, June 13, 2018, Leonen, J. L.C. BIG MAK BURGER, INC., v. MCDONALD'S CORPORATION, G.R. No. 233073, FIRST DIVISION, February 14, 2018, TIJAM, J. 8. Unfair Competition Asia Brewery, Inc. vs. Court of Appeals and San Miguel Corporation, G.R. No. 103543, ibid 4 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW McDonald’s Corporation vs. L.C. Big Mak Burger, Inc., G.R. No. 143993, ibid Sony Computer Entertainment, Inc. vs. Supergreen, Inc., 518 SCRA 750 (2007) Coca-Cola Bottlers Philippines, Inc.,(CCBPI), Naga Plant vs. Quintin Gomez, et, al., G.R. No. 154491, November 14, 2008 Republic Gas Corporation (REGASCO), et. al. vs. Petron Corporation, et. al., G.R. No. 194062, ibid Shang Properties Realty Corporation (formerly the Shang Grand Tower Corporation) and Shang Properties Inc., (formerly EDSA Properties Holdings, Inc.) vs. St Francis Development Corporation, G.R. No. 190706, July 21, 2014 Roberto Co vs. Keng Huan Jerry Yeung and Emma Yeung, G.R. No. 212705, September 10, 2014 San Miguel Pure Foods Co., Inc. v. Foodsphere, Inc., G.R. Nos. 217781 & 217788, [June 20, 2018] 9. Trade Names or Business Names Converse Rubber Corporation vs. Universal Rubber Products, Inc., G.R. No. L-27906, January 8, 1987 Coffee Partners vs. San Francisco Coffee and Roastery, Inc., G.R. No. 169504, March 3, 2010 Fredco Manufacturing Corporation vs. President and Fellows of Harvard College, GR No. 185917, ibid Ecole De Cuisine Manille (Cordon Bleu of the Philippines), Inc. vs. Renaus Cointreau & Cie and Le Cordon Bleu Int’l, B.V., G.R. No. 185830, June 5, 2013 D. Copyrights 1. Basic Principles, Sections 172.2, 175 and 181 Manly Sportwear Manufacturing, Inc. vs. Dadodette Enterprises and/or Hermes Sports Center, G.R. No. 165306, September 20, 2005 Fernando Juan v. Roberto Juan, Gr No. 221372, August 23 2017 2. Copyrightable Works United Features vs. Munsingwear Creation, 179 SCRA 260 (1989) 3. Non-Copyrightable Works Francisco Joaquin, Jr. vs. Franklin Drilon, et. al., G.R. No. 108946, January 28, 1999 Pearl & Dean (Philippine), Inc. vs. Shoemart, Inc., G.R.
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