Title
Amigo Manufacturing, Inc. vs. Cluett Peabody Co., Inc.
Case
G.R. No. 139300
Decision Date
Mar 14, 2001
Cluett Peabody Co. claimed "GOLD TOE" trademark ownership, opposing Amigo Manufacturing's "GOLD TOP." Courts ruled "GOLD TOP" confusingly similar, canceled its registration, upheld prior use, and applied Paris Convention for protection.
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Case Digest (G.R. No. 139300)

Facts:

Ownership of Trademarks:
Cluett Peabody Co., Inc. (respondent), a New York corporation, claimed exclusive ownership of the trademarks "GOLD TOE," "DEVICE" (representation of a sock and magnifying glass), "DEVICE" (gold-colored lines in a triangular area), and "LINENIZED." These trademarks were registered in the Philippines under various certificates issued between 1958 and 1970.

Petitioner’s Trademark:
Amigo Manufacturing Inc. (petitioner), a Philippine corporation, registered the trademark "GOLD TOP, Linenized for Extra Wear," featuring a dominant white center with a blackish-brown background and a magnified design of the sock’s garter.

Dispute:
Respondent filed a petition for the cancellation of petitioner’s trademark registration (SR-2206), alleging that "GOLD TOP" was confusingly similar to its "GOLD TOE" trademark. The Director of Patents granted the petition and canceled petitioner’s registration. The Court of Appeals (CA) initially reversed this decision but later reinstated the Director of Patents’ ruling upon reconsideration.

Issue:

  1. Whether petitioner’s trademark was used in commerce in the Philippines earlier than respondent’s actual use of its trademarks.
  2. Whether the Court of Appeals erred in canceling petitioner’s trademark registration instead of respondent’s.
  3. Whether petitioner’s trademark was confusingly similar to respondent’s trademarks.
  4. Whether the Court of Appeals erred in applying the Paris Convention to grant respondent exclusive rights to the mark "GOLD TOE" without considering the absence of actual use in the Philippines.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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