Case Digest (G.R. No. 263590)
Facts:
Asia Brewery, Inc. v. The Hon. Court of Appeals and San Miguel Corporation, G.R. No. 103543. July 05, 1993, the Supreme Court En Banc, Grino‑Aquino, J., writing for the Court.On September 15, 1988, San Miguel Corporation (SMC) filed a complaint for trademark infringement and unfair competition against Asia Brewery, Inc. (ABI) in the Regional Trial Court (RTC), Branch 166, Pasig (Civ. Case No. 56390), alleging that ABI’s product marketed as Beer Pale Pilsen (also promoted with the slogan “Beer na Beer”) infringed SMC’s San Miguel Pale Pilsen With Rectangular Hops and Malt Design registered mark and constituted unfair competition. The trial was presided by Judge Jesus O. Bersamira.
On August 27, 1990, the trial court dismissed SMC’s complaint, finding that ABI had not committed trademark infringement or unfair competition. SMC appealed to the Court of Appeals (CA-G.R. CV No. 28104). On September 30, 1991, a Sixth Division of the Court of Appeals (Justice Jose C. Campos, Jr., chairman and ponente; Justices Venancio D. Aldecoa Jr. and Filemon H. Mendoza, members) reversed the trial court and found ABI guilty of infringement and unfair competition, issuing a permanent injunction, ordering recall and destruction of infringing products and materials, and awarding damages, moral and exemplary damages, attorney’s fees and costs. After motions for reconsideration and reorganization as a Special Sixth Division, the CA modified the remedial portion (notably removing or reducing certain monetary orders) but maintained the finding of infringement and unfair competition.
ABI petitioned the Supreme Court by a petition for certiorari under Rule 45 of the Rules of Court, raising as the lone substantial issue whether ABI’s Beer Pale Pilsen infringed SMC’s registered San Miguel Pale Pilsen mark and whether ABI committed unfair competition. The Supreme Court En Banc granted the petition, reviewed the conflicting factual findi...(Subscriber-Only)
Issues:
- Should the Supreme Court disturb the Court of Appeals’ factual findings on trademark infringement and unfair competition despite the general rule that appellate factual findings are conclusive?
- Did Asia Brewery, Inc. infringe San Miguel Corporation’s registered trademark and commit unfair competition by marketing ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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