You are on page 1of 3

Administrative Case

Joint Stipulation of Facts


The parties have agreed to submit the following as stipulations of fact:
That in the case at bar the intellectual property rights holder is Sports Unlimited, Inc.
(hereinafter SUI), a foreign corporation organized under the laws of the United States. It is not
licensed to do and is not doing business in the Philippines.
That in 1975, SUI caused the incorporation in the Philippines of a local subsidiary, Sports
Unlimited Philippines Corp. (hereinafter SUPC), a domestic corporation organized under the
laws of the Republic of the Philippines.
That, SUPC has continuously been engaged in the manufacture of baseball caps using the
FASTBALL trademark for export and local sales since 1975.
That, SUPC is the sole authorized licensee of the FASTBALL trademark in the
Philippines.
That SUI is engaged in the production and sale of sports equipment and paraphernalia
and is the owner of the word and device mark Fastball and Device, used on baseball caps.
That SUIs mark was first used in commerce in the U.S. in 1896, and registered under
U.S. Cert. of Reg. No. 12345.
That SUIs mark is registered in at least 150 countries, most of which are Paris
Convention member countries.

That SUIs mark is registered in the Philippines in the Principal Register under RP
Certificate of Registration No. 678910 which was issued in 1973 pursuant to Sec. 37 of the
Trademark Law (registrations based on foreign registrations).
That Fastball caps are sold only in accredited sporting goods shops and SUI requires
merchants to segregate exclusive areas for the sale of Fastball products and to use distinguishing
signages and labels supplied by SUI.
That the party alleged to have been in violation of SUIs intellectual property rights is a
business under the name & style of Super Putter Enterprises (SPE), owned by a Mr. Johnny de
la Cross, with a manufacturing facility in Valenzuela City.
That Mr. De la Cross had been issued by the Philippine Bureau of Patents Trademarks
and Technology Transfer Certificate of Registration No. 777888 (Principal Register) in February
1996 for his Lasthole and Device trademark, with an alleged date of first use of December
1994.
That neither SUI nor SUPC had filed any notice of opposition after Mr. Cross mark had
been published for opposition.
That Mr. De la Cross a trademark Certificate of Registration No. 888111 for the word
Lasthole and a copyright Certificate of Registration No. 181818 for Lasthole and Design.
Both trademark registrations are for golf accessories specifically headgear.
That LASTHOLE caps are being promoted by SPE specifically as golf accessories.
That in 1999, SUPC executives accidentally stumbled upon the sale of Lasthole caps in
a flea market in Greenhills, San Juan.
That SUI commissioned a consumer survey pertaining to such Fastball and Lasthole
marks.

That SUI filed a Petition for Cancellation with the IPO for the cancellation of Mr. De la
Cross Cert. of Reg. No. 777888 on 30 June 2000.
That no petition to cancel the Lasthole word mark registration was filed.
That the following exhibits of SUI have already been pre-marked:
Exh. A

Witness resume

B-

Sample Fastball cap used

C-

Sample Lastball cap used

D-

Sample questionnaire

E-

Accomplished questions

F-

The survey report

That SUI and SUPCs merchandisers and survey experts admitted that Fastball products
are sold only in certain designated and exclusive areas.
That SPE submits the following exhibits for marking:
Exh. 1 - Cert. of Trademark Reg. No. 777888 for Lasthole and device
2 - Cert. of Reg. No. 888111 for Lasthole trademark
3 - Cert. of Copyright Registration No. 181818 for
4 Witness Resume

Lasthole and Logo