Case Digest (G.R. No. 221732)
Facts:
Fernando U. Juan v. Roberto U. Juan (substituted by his son Jeffrey C. Juan) and Laundromatic Corporation, G.R. No. 221732, August 23, 2017, Supreme Court Second Division, Peralta, J., writing for the Court.Respondent Roberto U. Juan began using the name and mark "Lavandera Ko" in his laundry business on July 4, 1994, opened a store in Makati in 1995, obtained a National Library certificate of copyright over the name and mark on March 17, 1997, expanded through franchises, incorporated Laundromatic Corporation in 1997, and registered "Lavandera Ko" as a business name with the DTI on November 13, 1998. Petitioner Fernando U. Juan registered the mark with the Intellectual Property Office (IPO) on October 18, 2001 (application filed June 5, 1995). Roberto alleged that Fernando had been selling franchises and that a third party had been threatening Roberto’s franchisees.
Roberto filed a complaint in the Regional Trial Court (RTC), Branch 149, Makati City, for injunction, unfair competition, copyright infringement and cancellation of trademark and name, with prayer for TRO and preliminary injunction; the RTC issued a writ of preliminary injunction on June 10, 2004. After litigation and the death of Roberto (substituted by his son Christian on July 21, 2008), trial concluded and, on September 23, 2013, the RTC dismissed the petition and the answer with counterclaims, ruled neither party had exclusive rights to "Lavandera Ko" because the mark originated from a 1942 musical composition by Santiago S. Suarez, lifted the preliminary injunction, and ordered cancellation of the National Library and IPO registrations.
Petitioner Fernando appealed to the Court of Appeals (CA). The CA, in a Decision dated May 7, 2015, dismissed the appeal for failure to comply with the formal requirements of Section 13, Rule 44 and Section 1, Rule 50 of the Rules of Court (deficiencies in the appellant’s brief, including page citations and a statement of facts). After denial of reconsideration, Fernando filed a Petition for Review on Certiorari under Rule 45 in the Supreme Court on January 25, 2016. Petitioner raised (A) whether dismissal on technical grounds was proper, (B) whether a mark is the same as a copyright, (C) whethe...(Pro-only)
Issues:
- Was the dismissal of the appeal by the Court of Appeals on strictly procedural/technical grounds proper?
- Is a trade/service mark the same as a copyright-protected work?
- Is petitioner Fernando U. Juan the owner of the mark "Lavandera Ko"?
- Could the RTC properly rely on an internet article as a basis for judicial notice ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)