Kho vs CA

FACTS
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 copyrightlike 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.

KHO v. COURT OF APPEALS, GR NO. 11578, MARCH 19, 2002; 379 SCRA
    Trademark, copyright and patents are different intellectual property rights that cannot be
interchanged with one another.
    A trademark is any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of
goods. In relation thereto, a trade name means the name or designation identifying or
distinguishing an enterprise.
    Meanwhile, the scope of a copyright is confined to literary and artistic works which
are original intellectual creations in the literary and artistic domain protected
from the moment of their creation.
      Patentable inventions, on the other hand, refer to any technical solution of a problem in any
field of human activity which is new, involves an inventive step and is industrially
applicable
    Issue: WON the copyright and patent over the name and container of a beauty cream
product would entitle the registrant to the use and ownership over the same to the
exclusion of others.
                                        No. Petitioner 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 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. The petitioner’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.
                                        The dispositive portion of said decision held that the petitioner does not have
trademark rights on the name and container of the beauty cream product. The said
decision on the merits of the trial court rendered the issuance of the writ of a preliminary
injunction moot and academic notwithstanding the fact that the same has been
appealed in the Court of Appeals.
    Finally, we rule that the Court of Appeals correctly denied the petitioner ’s several motions
for contempt of court. There is nothing contemptuous about the advertisements
complained of which, as regards the proceedings in CA-G.R. SP No. 27803 merely
announced in plain and straightforward language the promulgation of the assailed
Decision of the appellate court. Moreover, pursuant to Section 4 of Rule 39 of the
Revised Rules of Civil Procedure, the said decision nullifying the injunctive writ was
immediately executory.