Mcdonald’s Corporation et.al. vs. L.C. Big
Mak Burger, Inc., et. al., G.R. No. 143993, August 18, 2004
FACTS:
The court ruled that the use of the
respondents of the “Big Mak” mark infringed the trademark of that of petitioner
McDonald’s “Big Mac”. Using the dominancy test, the court reasoned that both
marks are closely similar (visually and orally). The law prohibits usage of
marks which might cause confusion and mistake or might deceive/mislead
consumers as to the origin, general appearance, nature, and kind, among others,
of their products and/or services (Sec 155.1, ICP).
RULING:
The court not only ruled on the confusion of similar
goods but also on the issue of confusion of business. The Court found that petitioners have duly established McDonald's
exclusive ownership of the "Big Mac" mark and that usage of
respondents of the “Big Mak” mark has unjustly created the impression that its business is approved and sponsored
by, or affiliated with petitioners.
The court also found respondents guilty of unfair
competition, reasoning that respondents passed off their products as though
they were of petitioner’s. Had respondents gave due notice as to who clearly
sells the products, they would have only been guilty of infringement.
