Title
Esso Standard Eastern, Inc. vs. Court of Appeals
Case
G.R. No. L-29971
Decision Date
Aug 31, 1982
Esso Standard Eastern, Inc. claimed trademark infringement against United Cigarette Corp. for using "ESSO" on cigarettes. Supreme Court ruled no infringement, as petroleum products and cigarettes are unrelated, with no likelihood of public confusion.

Case Summary (G.R. No. L-29971)

Key Dates and Applicable Law

The decision was rendered on August 31, 1982, thus the applicable law is based on the Constitution effective at that time, primarily the 1973 Philippine Constitution, as well as existing trademark law prior to the 1987 Constitution. The key legal provision invoked is Section 22 of the Trademark Law, which defines trademark infringement as the unauthorized use of a registered mark in connection with goods or services likely to cause confusion or deception about their source or origin.

Factual Background and Trial Court Ruling

Petitioner was engaged in petroleum products sales and asserted that its "ESSO" trademark had acquired goodwill synonymous with high quality. Petitioner claimed that respondent’s use of "ESSO" on cigarettes was calculated to deceive the public and damage the petitioner’s interests. Respondent admitted use of the mark on cigarettes but argued the products were not identical or competing, thus no infringement existed. The Court of First Instance ruled in favor of petitioner, applying precedent that protected related goods under trademark law.

Court of Appeals Decision

The Court of Appeals reversed the trial court, finding no trademark infringement since the goods were non-competing and entirely unrelated. The appellate court emphasized that the crucial issue was whether the use of the same trademark on different products was likely to cause confusion or deception among the buying public. Given the distinct nature of petroleum products and cigarettes, the court found no likelihood of confusion or deception.

Legal Standard on Trademark Infringement and Related Goods

Trade infringement necessitates use of the mark in connection or competition with goods of the same or related kind wherein confusion about the source could arise. Likelihood of confusion is a relative, fact-specific concept. The Court reviewed established jurisprudence emphasizing the "related goods" doctrine—goods are related when they belong to the same class, share physical or functional characteristics, or are commonly found in the same commercial channels.

Application of Related Goods Doctrine and Precedents

The Court distinguished between non-competitive yet related goods (which may cause confusion) and non-related goods (which do not). For example, food products like biscuits and milk or toiletries like soap and perfume are related, whereas unrelated products, such as petroleum products and cigarettes, are not. Prior cases consistently support the notion that identical trademarks may coexist for unrelated products without prejudice.

Trademark Characteristics and Channel of Trade Considerations

The Court highlighted significant differences in the nature of the products, the trade channels, and consumer perception. Petitioner’s petroleum products were sold principally through gasoline stations and automotive shops, while respondent’s cigarettes were distributed through sari-sari stores and small outlets. Moreover, the trademarks’ labels and color schemes were markedly different, further reducing chances of confusion.

Distinction in Trademark Appearance

Evidence showed petitioner’s trademark used a distinct blue color in an oval design, whereas respondent displayed the mark in green on a rectangular background. The substantial visual differences contributed to the Court’s determination that confusion was improbable.

Prior Related Decisions Reinforcing the Hol

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