Title
Alhambra Cigar and Cigarette Manufacturing Company vs. Mojica
Case
G.R. No. 8937
Decision Date
Mar 21, 1914
Plaintiff's distinctive brown cigar bands were copied by defendant, causing consumer confusion. Court ruled brown bands unfair competition, green bands distinguishable.

Case Digest (G.R. No. 8937)
Expanded Legal Reasoning Model

Facts:

  • Background of the Plaintiff: The plaintiff, Alhambra Cigar and Cigarette Manufacturing Co., has been manufacturing cigars for a long period and uses a distinctive chocolate-brown paper ring or band with gold lettering and lines. This band has become well-known in the trade and is valuable for the sale of its cigars.
  • Defendant's Actions: The defendant, Pedro N. Mojica, recently began using bands similar to the plaintiff’s. The defendant’s bands are of two colors (brown and green) but share the same shape, divisions, and markings as the plaintiff’s band, including the word "Manila" and similar gold lettering.
  • Similarity of Products: The cigars sold by the defendant are nearly identical in appearance, size, shape, and wrapper style to those of the plaintiff, further increasing the likelihood of consumer confusion.

Issues:

  • Whether the defendant’s use of cigar bands similar to the plaintiff’s constitutes unfair competition.
  • Whether the defendant’s actions are likely to deceive the public into believing his cigars are those of the plaintiff.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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