Samson vs Daway

(GR No 160054-55, July 21, 2004)

Facts:
The petitioner allegedly sold or offers the sale of garment product using the
trademark “Caterpillar” to the prejudice of its previous user, private
respondent in this case. The respondent filed the case to the RTC. The
petitioner contended that the case should be filed with the MTC because
violation of unfair competition is penalized with an imprisonment not
exceeding 6 years under RA 7691.
Issue:
Where do you file a suit for unfair competition?

Held:
The SC held that under Sec 163 of the IPC, actions for unfair competition
shall be brought before the proper courts with appropriate jurisdiction under
existing laws. The law contemplated in Sec 163 of IPC is the Trademark Law.
Sec 27 of Trademark Law states that action for unfair competition shall be
filed with the CFI (now RTC). Since RA 7691 is a general law and IPC in
relation to Trademark law is a special law, the latter shall prevail. Actions for
unfair competition therefore should be filed with the RTC.