Case Digest (G.R. No. 132604)
Facts:
In G.R. No. 132604, decided on March 6, 2002, petitioner Venancio Sambar, doing business as CVS Garment Enterprises (CVSGE/CVSGIC), sought review of the Court of Appeals’ January 30, 1998 decision in CA-G.R. CV No. 51553, which had affirmed the Regional Trial Court of Makati, Branch 66’s judgment in Civil Case No. 88-2220. On September 28, 1987, Levi Strauss & Co. (LS&Co.) through its legal officer demanded that CVSGE cease using its patented arcuate design on Europress jeans. CVSGE’s counsel replied that its design differed and was copyrighted. LS&Co. then sued Sambar d/b/a CVSGE and impleaded the Director of the National Library for copyright cancellation, alleging that CVSGIC and Sambar, without consent, manufactured, advertised and sold Europress jeans bearing a colorable imitation of LS&Co.’s double-arc trademark registered in the U.S. on November 16, 1943 (Reg. No. 404,248) and in the Philippines on October 8, 1973 (Reg. No. 20240). In their answer, CVSGIC admitted produciCase Digest (G.R. No. 132604)
Facts:
- Initial Demand and Copyright Claim
- On September 28, 1987, Levi Strauss & Co. (LS&Co.) and Levi Strauss (Phil.), Inc. (LSPI) sent a cease-and-desist letter to CVS Garment Enterprises (CVSGE) for using an “arcuate” back-pocket design on Europress jeans.
- CVSGE’s counsel, Atty. Gruba, replied that Europress’s design differed and asserted a copyright in favor of Venancio Sambar (doing business as CVS Garment Enterprises).
- Filing of Complaint and Preliminary Injunction
- Private respondents filed a complaint in the Regional Trial Court (RTC), Branch 66, Makati City, impleading Sambar and the National Library Director, alleging trademark infringement and unfair competition.
- The RTC issued a writ of preliminary injunction enjoining Sambar and CVS Garment and Industrial Company (CVSGIC) from using the disputed design.
- Trial Court Decision, Reconsideration, and Appeal
- Sambar and CVSGIC failed to appear at scheduled evidence hearings; the RTC deemed their right to present evidence waived.
- On May 3, 1995, the RTC made the injunction permanent, awarded P50,000 nominal/temperate damages, P10,000 exemplary damages, P25,000 attorney’s fees, and costs.
- Upon private respondents’ motion, the RTC on July 14, 1995, added an order cancelling Copyright Registration No. 1-1998 issued to Sambar.
- The Court of Appeals, on January 30, 1998, affirmed the RTC decision in toto.
- Sambar petitioned to the Supreme Court, challenging (a) infringement finding, (b) joint liability, and (c) award of damages and copyright cancellation.
Issues:
- Whether petitioner infringed private respondents’ registered arcuate trademark by using a colorable imitation of that design.
- Whether petitioner is jointly and solidarily liable with CVSGIC for trademark infringement.
- Whether private respondents are entitled to nominal, temperate, and exemplary damages, and to the cancellation of petitioner’s copyright registration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)