La Chemise Lacoste v. Fernandez (G.R.

No. L-63796-97)
Facts:

Petitioner La Chemise Lacoste is a foreign corporation and the actual owner of the
trademarks ‘Lacoste,’ ‘Chemise Lacoste,’ and ‘Crocodile Device’ used on clothing and
other goods that are sold in many parts of the world. Herein respondent Hemadas &
Co., a domestic firm, applied and was granted registration of the mark ‘Chemise
Lacoste and Crocodile Device’ for its garment products. Sometime later, petitioner
applied for the registration of its mark ‘Crocodile Device’ and ‘Lacoste’ but was opposed
by herein respondent. Later, petitioner filed a letter-complaint of unfair competition
before the NBI which led to the issuance of search warrants and the seizure of goods of
respondent Hemadas. Respondent moved to quash the warrants alleging that its
trademark was different from petitioner’s trademark. Respondent court ruled to set aside
the warrants and to return the seized goods.

Issue:

Whether or not petitioner’s trademark is a well-known mark protected under the Paris
Convention.

Ruling: YES.