Case Digest (G.R. No. 34497)
Facts:
La Yebana Company, Inc. sought reversal of a Court of First Instance of Manila judgment sustaining the Director of the Bureau of Commerce and Industry order that approved Alhambra Cigar and Cigarette Mfg. Company’s application to register the trade-mark “Alhambra Chorritos” and denied La Yebana’s opposition. The trial court further awarded Alhambra Cigar and Cigarette Mfg. Company P1,176.10 as indemnity for damages caused by the preliminary injunction issued at the start of the case.The record showed that on October 6, 1904, Alhambra Fabrica de Tabacos, Cigarrillos y Picadura registered a cigarette wrapper label with “Alhambra 25 Chorritos.” On February 23, 1922, Enrique Ga. Caruana registered a label with “20 Chorritos de Gamu.” On March 3, 1925, La Yebana Company, Inc. registered a trade-mark whose essential feature was the word “La Yebana Chorritos.” In August 21, 1928, Alhambra’s successor applied to register “Alhambra Chorritos,” and La Yebana opposed.
Issues:
- Whether
Case Digest (G.R. No. 34497)
Facts:
- Parties and procedural posture
- La Yebana Company, Inc. sought to reverse a judgment of the Court of First Instance of Manila.
- The Court of First Instance sustained an order of the Director of the Bureau of Commerce and Industry approving the application of Alhambra Cigar and Cigarette Mfg. Company for registration of a trade-mark.
- The Court of First Instance denied La Yebana Company, Inc.’s opposition to that application.
- Upon its cross-complaint, the Court of First Instance awarded Alhambra Cigar and Cigarette Mfg. Company the sum of P1,176.10 as indemnity for damages sustained due to a preliminary injunction issued at the commencement of the action.
- Core thesis of the appellant
- La Yebana Company, Inc. maintained that, by registering a trade-mark for cigarette wrappers, it acquired the exclusive right to use the word “Chorritos” as a trade-mark against all competitors.
- The Court treated this thesis as the pivotal point in the case.
- Material facts regarding prior registrations and use of “Chorritos”
- On October 6, 1904, a label forming the wrapper for cigarette packages and containing the words “Alhambra 25 Chorritos” was registered with the Government by Alhambra Fabrica de Tabacos, Cigarrillos y Picadura of Manila, P. I.
- On February 23, 1922, another wrapper label containing the words “20 Chorritos de Gamu” was registered by Enrique Ga. Caruana.
- On March 3, 1925, La Yebana Company, Inc. secured registration of a trademark described in the application as: “La caracteristica esencial de esta etiqueta es la palabra 'La Yebana Chorritos' como nominacion o nombre de la clase especial de cigarrillos elaborados por la fabrica.”
- On August 21, 1928, Alhambra Cigar and Cigarette Mfg. Company, the successor of Alhambra Fabrica de Tabacos, Cigarrillos y Picadura, presented to the Bureau of Commerce and Industry an application to register a trade-mark consisting of the words “Alhambra Chorritos” with a design for cigarettes.
- La Yebana Company filed an opposition to the applicati...(Subscriber-Only)
Issues:
- Main infringement issue on the right to exclusive use
- Whether the registration obtained by La Yebana Company, Inc. for cigarette wrappers conferred an exclusive right to use the word “Chorritos” as a trade-mark against all competitors.
- Likelihood of confusion and similarity
- Whether the appellee’s trade-mark was deceptively similar to appellant’s trade-mark in a manner that would constitute infringement.
- Effect of statutory argument
- Whether Act No. 3202 affects the disposition of the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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