Case Digest (G.R. No. 78325)
Facts:
In Del Monte Corporation v. Court of Appeals (G.R. No. 78325, January 25, 1990), petitioner Del Monte Corporation, a U.S. entity, and its Philippine licensee Philippine Packing Corporation (Philpack), sued Sunshine Sauce Manufacturing Industries for trademark infringement and unfair competition. Under a 1969 agreement, Del Monte licensed Philpack to produce and market catsup in the Philippines using the Del Monte trademark and bottle design. Del Monte registered its bottle configuration (Certificate No. SR-913) and trademarks “DEL MONTE” and its logo on the Supplemental Register in 1965 and 1972, respectively. Sunshine obtained Certificate of Registration for its Sunshine Fruit Catsup logo in 1980 (Supplemental Register in 1983) and marketed its product in various bottles, including recycled Del Monte bottles. Philpack’s warning to cease use of the bottles and a confusingly similar label was ignored, prompting a complaint in the Regional Trial Court (RTC) of Makati. The RTC dismCase Digest (G.R. No. 78325)
Facts:
- Parties and Agreements
- Del Monte Corporation (Del Monte) – U.S. company, not doing business locally, granted rights to Philippine Packing Corporation (Philpack) on April 11, 1969 to manufacture, distribute and sell agricultural products (including catsup) under Del Monte trademark and logo in the Philippines.
- Philpack – domestic corporation, registered Del Monte catsup bottle configuration (Supplemental Register No. SR-913) on October 27, 1965; obtained two Supplemental Register certificates for “DEL MONTE” and logo on November 20, 1972.
- Respondent’s Activities
- Sunshine Sauce Manufacturing Industries (Sunshine) – domestic company issued a certificate in April 1980 to manufacture and sell “Sunshine Fruit Catsup,” registered in Supplemental Register on September 20, 1983.
- Sunshine used Del Monte bottle shapes purchased from junkshops and adopted label features (colors, lettering, “catsup” style) resembling Del Monte’s.
- Procedural History
- Philpack and Del Monte sent cease-and-desist warnings; after noncompliance, filed suit for trademark infringement and unfair competition, seeking preliminary injunction and damages.
- RTC Makati dismissed complaint – found no confusing similarity in labels, Sunshine ceased using Del Monte bottles, and lacked proof of malice/bad faith.
- Court of Appeals affirmed; petitioners elevated the case to the Supreme Court via certiorari (Rule 45).
Issues:
- Trademark Infringement and Unfair Competition
- Whether Sunshine’s label is a reproduction, counterfeit, copy or colorable imitation likely to cause confusion as to the source of goods under Section 22, R.A. No. 166 (Trademark Law).
- Whether Sunshine’s use of Del Monte bottle configuration constitutes infringement or unfair competition under Section 29, R.A. No. 166.
- Registration in Supplemental Register
- Whether registration of bottle configuration in the Supplemental Register confers exclusive rights against third parties.
- Whether ownership of bottles purchased from junkshops vests valid title insulating Sunshine from infringement or unfair competition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)