Title
Pearl and Dean vs. Shoemart
Case
G.R. No. 148222
Decision Date
Aug 15, 2003
Pearl Dean sued Shoemart and North Edsa for copyright, trademark infringement, and unfair competition over light box designs and "Poster Ads" trademark. Courts ruled no infringement, citing lack of patent, generic trademark, and no secondary meaning.

Case Digest (G.R. No. 148222)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Plaintiff‐appellant Pearl and Dean (Phil.), Inc. (P D) manufactures backlit advertising display units (“light boxes”), holds a Certificate of Copyright Registration (Jan. 20, 1981) for its technical drawings (class “O” work) and a Certificate of Trademark Registration for “Poster Ads” (Sept. 12, 1988) covering stationeries.
    • Defendants‐appellants Shoemart, Inc. (SMI) and North Edsa Marketing, Inc. (NEMI) are sister companies that leased and installed similar light boxes in SM malls through Metro Industrial Services and EYD Rainbow Advertising.
  • Contractual Negotiations and Alleged Infringement
    • In 1985, P D negotiated with SMI for lease and installation of light boxes at SM City North Edsa, SM Makati and SM Cubao. Only SM Makati contract was signed; SMI in January 1986 purported to rescind it for non-performance.
    • From 1987–1991, SMI commissioned Metro and later EYD Rainbow to fabricate about 300 units installed in SM Megamall and SM City; in 1989 P D discovered identical units and “Poster Ads” usage without license; P D demanded cessation, removal and P 20 million damages in December 1991; SMI and NEMI partially complied then P D filed suit.
  • Trial Court Decision
    • RTC Makati (Oct. 31, 1996) held SMI and NEMI jointly liable for infringement of copyright (PD 49), trademark (RA 166) and unfair competition; awarded actual damages ₱16.6 M, moral ₱1 M, exemplary ₱1 M, attorney’s fees ₱1 M, costs; injunctive relief; dismissed counterclaims.
  • Court of Appeals Decision
    • CA (May 22, 2001) reversed: held copyright limited to technical drawings (Baker v. Selden), trademark “Poster Ads” valid only for stationeries listed in the certificate (RA 166 Sec. 20), term generic, no infringement; dismissed complaint and counterclaims.
  • Supreme Court Petition
    • P D filed Rule 45 petition assigning errors on CA’s rulings on copyright, trademark infringement, bad faith, damages; SC framed four IP issues.

Issues:

  • Copyright and Patent Scope
    • Does P D’s copyright on class “O” engineering drawings extend ipso facto to the light boxes depicted?
    • If not, should the light boxes have been separately protected by patent to prevent copying?
  • Trademark and Competition
    • Can P D enjoin respondents’ use of the term “Poster Ads” if it is a mere contraction of descriptive “poster advertising”?
    • Does unfair competition lie when trademark registration is limited or absent?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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