Case Digest (G.R. No. 43082)
Facts:
This case involves Victorio P. Diaz, petitioner, who was charged with two counts of trademark infringement by the People of the Philippines and Levi Strauss (Phils.), Inc., the respondents. The charges were filed on February 10, 2000, in the Regional Trial Court (RTC), Branch 255, Las Piñas City, for violating Section 155 in relation to Section 170 of Republic Act No. 8293, the Intellectual Property Code of the Philippines. Diaz was accused of reproducing, counterfeiting, and selling counterfeit jeans bearing registered trademarks of Levi Strauss such as the arcuate design, two-horse brand, two-horse patch, and tabs, without the consent of Levi Strauss. The prosecution claimed that Diaz sold fake Levi’s 501 jeans in his tailoring shops in Almanza and Talon, Las Piñas City. Levi Strauss (Philippines), Inc. conducted surveillance and purchased jeans from Diaz’s shops, confirming the counterfeit nature of the items. NBI agents subsequently executed search warrants and seized the c
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Case Digest (G.R. No. 43082)
Facts:
- Parties and Case Background
- Victorio P. Diaz (Petitioner) was charged with two counts of infringement of trademark under Sections 155 and 170 of Republic Act No. 8293 (Intellectual Property Code of the Philippines).
- The complaints were filed by the Department of Justice on behalf of Levi Strauss (Philippines), Inc. (LEVIaS), alleging Diaz reproduced, counterfeited, copied, and colorably imitated registered LEVIaS trademarks such as the arcuate design, two-horse brand, tab, and leather patch on jeans, selling counterfeit jeans which caused confusion or deception.
- Diaz denied manufacturing counterfeit jeans, claiming he operated tailoring shops producing made-to-order jeans under his registered trademark "LS Jeans Tailoring," which was visually and aurally distinct from LEVIaS marks.
- Facts Leading to the Charges
- LEVIaS is a well-known foreign company engaged in apparel business, owning registered trademarks on LEVIaS 501 jeans, including specific labels and designs registered in the Philippine Patent Office since the 1970s-1990s.
- Upon receiving reports of counterfeit LEVIaS jeans being sold at Diaz’s tailoring shops, LEVIaS Philippines hired a private investigator and, with NBI's assistance, conducted surveillance and executed search warrants, seizing alleged counterfeit jeans.
- Diaz admitted ownership of the shops but stated his products bore the label "LS Jeans Tailoring," not LEVIaS, and the leather patches depicted two buffaloes, not horses.
- Trial and Initial Rulings
- Diaz pleaded not guilty; the RTC found Diaz guilty beyond reasonable doubt and sentenced him to imprisonment of two to five years per count and imposed fines and damages to LEVIaS.
- On appeal, the Court of Appeals dismissed Diaz’s appeal for failure to timely file his appellant’s brief despite multiple extensions granted. Diaz’s motion for reconsideration was denied, leading to his appeal to the Supreme Court.
Issues:
- Whether the Court of Appeals erred in dismissing Diaz’s appeal for late filing of appellant’s brief, thereby overriding substantial justice.
- Whether Diaz was guilty beyond reasonable doubt of trademark infringement under Section 155 of the Intellectual Property Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)