Case Digest: Del Monte vs. CA

Del Monte vs. CA

G.R. L-78325

FACTS:

Del Monte sued respondent Sunshine Fruits Catsup for infringement, alleging that the latter was using a label having colorable similarity to petitioner’s label. Petitioner also assails the use of its bottles by respondent.

RULING:

The Court found Sunshine Fruits Catsup guilty of infringement, ruling that the Sunshine label is a colorable imitation of the Del Monte trademark. The Court stressed that what is of utmost consideration is not the side-by-side comparison of the two products with respect to every detail of similarity and difference but rather the general appearance of the products in the eyes of an average consumer. So much so that the imitation of the infringer might deceive a casual purchaser to believe that the two products are the same upon a simple glance. The Court ruled that the label used by the respondent would give such effect. Furthermore, facts of the case lead to the court’s conclusion that the usage of respondents of the bottles by petitioner gave rise to unfair competition. The fact that there was an inscription on the bottles not to be refilled showed bad faith on the part of respondents.

The Court also ruled that since Sunshine’s label was registered not in the Principal Register but only in the Supplemental Register where the presumption of the validity of the trademark, the registrant's ownership of the mark and his right to its exclusive use are all absent.

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