Kho vs CA

Elidad Kho is the owner of KEC Cosmetics Laboratory and she was also the
holder of copyrights over Chin Chun Su and its Oval Facial Cream
Container/Case. She also bought the patent rights over the Chin Chun Su &
Device and Chin Chun Su for medicated cream from one Quintin Cheng, who
was the assignee of Shun Yi Factory – a Taiwanese factory actually
manufacturing Chin Chun Su products.

Kho filed a petition for injunction against Summerville General Merchandising

and Company to enjoin the latter from advertising and selling Chin Chun Su
products, in similar containers as that of Kho, for this is misleading the public and
causing Kho to lose income; the petition is also to enjoin Summerville from
infringing upon Kho’s copyrights.

Summerville in their defense alleged that they are the exclusive and authorized
importer, re-packer and distributor of Chin Chun Su products; that Shun Yi even
authorized Summerville to register its trade name Chin Chun Su Medicated
Cream with the Philippine Patent Office; that Quintin Cheng, from whom Kho
acquired her patent rights, had been terminated (her services) by Shun Yi.

ISSUE: Whether or not Kho has the exclusive right to use the trade name and its
container.

HELD: No. Kho has no right to support her claim for the exclusive use of the
subject trade name and its container. The name and container of a beauty cream
product are proper subjects of a trademark (not copyright like what she
registered for) inasmuch as the same falls squarely within its definition. In order
to be entitled to exclusively use the same in the sale of the beauty cream
product, the user must sufficiently prove that she registered or used it before
anybody else did. Kho’s copyright and patent registration of the name and
container would not guarantee her the right to the exclusive use of the same for
the reason that they are not appropriate subjects of the said intellectual rights.
Consequently, a preliminary injunction order cannot be issued for the reason that
the petitioner has not proven that she has a clear right over the said name and
container to the exclusion of others, not having proven that she has registered a
trademark thereto or used the same before anyone did.