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.
