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Nature of the case: Administrative


The parties to the case jointly stipulate that the following facts should be deemed admitted:

1. That Sports Unlimited, Inc. (hereinafter SUI) is a foreign corporation organized

under the laws of the United States.

2. That SUI is engaged in the business of production and sale of sports equipment and

3. That SUI, being a foreign corporation, is not licensed to do and is itself not doing
business in the Philippines.

4. That on 01 January 1975, SUI incorporated a subsidiary in the Philippines, Sports

Unlimited Philippines, Corp. (hereinafter SUPC")

5. That SUPC continues to exist as a corporation until the present day.

6. That SUI is the intellectual property rights holder of the word and device mark
Fastball and device used on baseball caps, registered under US certificate Reg No.
12345 issued on 01 January 1921.

7. That SUPC is the sole authorized licensee and distributor of the Fastball trademark in
the Philippines since 01 January 1975.

8. That SUPC started locally manufacturing baseball caps using the Fastball trademark
for export and local sale since 01 January 1975.

9. That the Burueau of Patents, Trademarks and Technology Transfer (hereinafter

BPTTT) issued Certificate of Registration No. 678910 for the Fastball trademark on 01
January 1973 in the Principal Register.

10. That the Fastball and device trademark is registered in at least 150 countries,
including the Philippines.

11. That Mr. Johnny Dela Cross does business under the name & style Super Putter
Enterprises (hereinafter SPE).

12. That Mr. Dela Cross was issued Certificate Reg. No. 777888 for the Lasthole and
device trademark on 01 February 1997 by the BPTTT. The claimed date of first use is 01
December 1992.

13. That Mr. De la Cross was issued Reg No. 888111 for the Lasthole trademark on 01
December 1997.
14. That Mr. De la Cross was issued Copyright Certificate of Reg. No. 181818 for
Lasthole and Design on 01 July 1992 by the National Library

15. That said Copyright Certificate was issued specifically for golf accessories.

16. That all 3 certificates/registrations issued to Mr. Dela Cross are valid and existing up
to the present day.