Alexander & co vs. Ang
G.R. L-6706
May 31, 1955
RULING:
The Court found respondents guilty
of unfair competition for selling products (Aurora, Agatonica and
Mayflower threads) which were, upon examination, similar in appearance to
petitioner’s product (Alexander thread).
Citing jurisprudence, the court held that to rule ‘unfair competition’,
the names need not use the same words. What is to be borne is the use of
similar trademark presented in a similar manner so as to deceive innocent
casual or average purchasers. The Court added that although respondents were
not the manufacturers of the products, they were nonetheless punishable since
Sec 29 punishes the selling of the same. Further, the Court held such as in
many preceding cases, that one may be declared an unfair competitor even if he
had the label registered. The registration might in some way minimize damages
against the seller as showing good faith prima facie. But surely it does not
preclude unfair competitive actions.
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