Case Digest (G.R. No. L-32747)
Facts:
Fruit of the Loom, Inc. v. Court of Appeals and General Garments Corporation, G.R. No. L-32747, November 29, 1984, Supreme Court Second Division, Makasiar, J., writing for the Court.
Petitioner Fruit of the Loom, Inc. is the registrant of the trademark FRUIT OF THE LOOM in the Philippines, holding Certificates of Registration Nos. 6227 (Nov. 29, 1957) and 6680 (July 26, 1958); the registrations covered, inter alia, underwear (including women’s panties) under the Patent Office classification and knitted/textile fabrics. Private respondent General Garments Corporation is the registrant of the trademark FRUIT FOR EVE, Certificate of Registration No. 10160 (Jan. 10, 1963), covering garments similar to petitioner’s products such as women’s panties and pajamas.
On March 31, 1965 petitioner filed a complaint for trademark infringement and unfair competition in the Court of First Instance of Manila, Branch XIV, alleging that FRUIT FOR EVE (and respondent’s hang tag featuring a large red apple) was confusingly similar to petitioner’s FRUIT OF THE LOOM (and its hang tag). At the May 5, 1965 pre-trial the parties admitted that both marks had been registered (petitioner’s mark lacked the “Reg. Phil. Patent Off.” notice; respondent’s mark bore that notice) and that petitioner did not oppose respondent’s registration at the time.
After trial the CFI rendered judgment for petitioner, ordering cancellation of respondent’s registration of FRUIT FOR EVE, permanently enjoining respondent from using that mark, awarding petitioner P10,000 as attorney’s fees, and awarding costs. Both parties appealed to the former Court of Appeals: petitioner challenged the failure to award damages in addition to attorney’s fees; respondent sought reversal of the CFI judgment.
On October 8, 1970 the former Court of Appeals reversed the CFI and dismissed petitioner’s complaint. Petitioner’s motion for reconsider...(Pro-only)
Issues:
- Whether petitioner may exclusively appropriate the word "FRUIT" in its trademark.
- Whether respondent’s trademark FRUIT FOR EVE and its hang tag are confusingly similar to petitioner’s FRUIT OF THE LOOM and hang tag so as to constitute infringement and warrant cancellation, injunction, and damages.
- Whether respondent’s registration was obtained by fraud or misrepresentation.
- Whether petitioner is enti...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)