Title
Alhambra Cigar and Cigarette Manufacturing Company vs. Compania General de Tabacos de Filipinas
Case
G.R. No. 11490
Decision Date
Oct 14, 1916
Plaintiff accused defendant of unfair competition for allegedly imitating its cigar brand, but the court ruled no intent to deceive due to insufficient similarity.

Case Summary (G.R. No. 11490)

Applicable Law

The relevant statutory provision is Section 7 of Act No. 666 of the Philippine Commission, which addresses unfair competition by prohibiting the imitation of the appearance of goods from other manufacturers that could mislead purchasers.

Factual Background and Claims of the Plaintiff

The plaintiff has been manufacturing a particular brand of cigars named Especiales Alhambra since 1906. These cigars are claimed to be of superior quality, featuring distinct packaging and branding that include specific colors, sizes, and labels. The plaintiff asserts that the defendant began selling a cigar named Especiales, which mimics the appearance and branding of its own product, intending to deceive consumers and defraud the plaintiff. The plaintiff alleges damages of ₱20,000 and seeks both an injunction against the defendant's sales and an accounting of the revenues from such sales.

Lower Court Ruling

The lower court concluded that the defendant was not guilty of any violation of Section 7 of Act No. 666, finding insufficient evidence of an intent to mislead consumers. Consequently, the defendant was absolved from liability, and costs were awarded against the plaintiff.

Examination of Evidence and Arguments

Upon appeal, the court examined the arguments presented by the plaintiff and noted that the plaintiff had not effectively supported specific errors within its brief. The observations indicate that the plaintiff's assertions lacked clarity and specificity. The records included Exhibits A and B, representing the plaintiff's and defendant’s respective cigar packaging, demonstrating some similarities, but also significant differences in size, shape, and branding features.

Analysis of Unfair Competition Standards

As a general principle, unfair competition is characterized by attempts to deceive consumers through imitation that deprives a competitor of their business reputation. The pertinent factors involve the overall appearance of the goods and any intent to mislead consumers. The law does not aim to eliminate competition but rather to prevent deceit and fraud that could harm a seller's legitimate business.

Distinction Between the Cigars and Packaging

The court found that while some resemblances could be observed between the plaintiff’s and defendant’s products, the essential differences outweighed any minor similarities. The packaging sizes, shapes, and designs were distinct. Expert testimony indicated that a consumer familiar with the plaintiff’s product would not likely confuse the two, affirming the absence of actual deception.

Judicial Determination on Consumer Perception

Further, the court reaffirmed that the test for unfair compe

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