TIROL, Courtney Allison P.

          14-
0707

2003

Topic: Infringement vs. Unfair Competition

QUESTION: In what way is an infringement of a trademark similar to that which pertains to

unfair competition?

ANSWER: Del Monte Corp. v. CA states that the distinction between infringement and unfair
competition are as follows:

1) Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition

is the passing off of one‘s goods as those of another;

2) Fraudulent intent is unnecessary in infringement of trademark, whereas fraudulent intent is

essential in unfair competition;

3) The prior registration of the trademark is a prerequisite to an action for infringement of

trademark, whereas registration of the trademark is not necessary in unfair competition.

II

Topic: Infringement; Jurisdiction

QUESTION: K-9 Corporation, a foreign corporation alleging itself to be the registered owner of
trademark “K-9” and logo “K.”, filed an Inter Partes case with the Intellectual Property Office
against Kanin Corporation for the cancellation of the latter‘s mark “K-9” and logo “K.” During the
pendency of the case before the IPO, Kanin Corporation brought suit against K-9 Corporation
before the RTC for infringement and damages. Could the action before the RTC prosper? Why?

ANSWER: Yes. Section 231 provides for reverse reciprocity of foreign laws, wherein any
condition, restriction, penalty, or any similar burden imposed by a foreign country on a Philippine
national seeking protection of intellectual property rights in that country, shall reciprocally be
enforceable upon nationals of said country, within Philippine jurisdiction. Here, Kanin
Corporation filed a suit against K-9 Corporation, a foreign corporation that alleges to be the
registered owner of the trademark “K-9” and logo “K.” which are likewise registered marks of
Kanin Corporation in the Philippines. Hence, the action before the RTC could prosper.