This case has been cited 3 times or more.
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2007-09-19 |
CARPIO MORALES, J. |
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| This Court having found that petitioners Puno and Mercedes have no rights either as judgment creditors of PVB or as owners of the Market, this Court holds that the appellate court did not act without or in excess of jurisdiction or with grave abuse of discretion in affirming the liquidation court's denial of Puno's motion for the issuance of a writ of injunction. For to be entitled to an injunctive writ, a party must show that there exists a right to be protected and that the facts against which injunction is directed are violative of said right.[77] | |||||
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2006-03-31 |
GARCIA, J. |
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| Albeit the Kuok Group used the mark and logo since 1962, the evidence presented shows that the bulk use of the tradename was abroad and not in the Philippines (until 1987). Since the Kuok Group does not have proof of actual use in commerce in the Philippines (in accordance with Section 2 of R.A. No. 166), it cannot claim ownership of the mark and logo in accordance with the holding in Kabushi Kaisha Isetan v. IAC[8], as reiterated in Philip Morris, Inc. v. Court of Appeals.[9] On the other hand, respondent has a right to the mark and logo by virtue of its prior use in the Philippines and the issuance of Certificate of Registration No. 31904. The use of the mark or logo in commerce through the bookings made by travel agencies is unavailing since the Kuok Group did not establish any branch or regional office in the Philippines. As it were, the Kuok Group was not engaged in commerce in the Philippines inasmuch as the bookings were made through travel agents not owned, controlled or managed by the Kuok Group. While the Paris Convention protects internationally known marks, R.A. No. 166 still requires use in commerce in the Philippines. Accordingly, and on the premise that international agreements, such as Paris Convention, must yield to a municipal law, the question on the exclusive right over the mark and logo would still depend on actual use in commerce in the Philippines. | |||||
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2006-03-31 |
GARCIA, J. |
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| "Following universal acquiescence and comity, our municipal law on trademarks regarding the requirement of actual use in the Philippines must subordinate an international agreement inasmuch as the apparent clash is being decided by a municipal tribunal (Mortensen vs. Peters, Great Britain, High Court of Judiciary of Scotland, 1906, 8 Sessions 93; Paras, International Law and World Organization, 1971 Ed., p. 20). Withal, the fact that international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere. Under the doctrine of incorporation as applied in most countries, rules of international law are given a standing equal, not superior, to national legislative enactments (Salonga and Yap, Public International Law, Fourth ed., 1974, p. 16)." [39] [Emphasis supplied] | |||||