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  • Shell Company vs. Insular Petroleum

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    Carlo Talatala
    118 vizualizări1 pagină
    The Supreme Court ruled that the defendant was not guilty of unfair competition for using a competitor's container in a single transaction. To be guilty of unfair competition, one must employ deception or other unethical means to pass off their goods as another's, with the intent to mislead the public. The single use of a marked container here was not enough to conclude the public was or would be misled about the source of the goods.

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    Shell Company vs. Insular Petroleum

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    The Supreme Court ruled that the defendant was not guilty of unfair competition for using a competitor's container in a single transaction. To be guilty of unfair competition, one must employ deception or other unethical means to pass off their goods as another's, with the intent to mislead the public. The single use of a marked container here was not enough to conclude the public was or would be misled about the source of the goods.

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    © All Rights Reserved
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
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    118 vizualizări1 pagină

    Shell Company vs. Insular Petroleum

    Încărcat de

    Carlo Talatala
    The Supreme Court ruled that the defendant was not guilty of unfair competition for using a competitor's container in a single transaction. To be guilty of unfair competition, one must employ deception or other unethical means to pass off their goods as another's, with the intent to mislead the public. The single use of a marked container here was not enough to conclude the public was or would be misled about the source of the goods.

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    © All Rights Reserved
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
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    din 1

    SHELL COMPANY OF THE PHILIPPINES,

    LTD., petitioner,
    vs.
    INSULAR PETROLEUM REFINING CO., LTD., and COURT
    OF APPEALS, respondents.
    G.R. No. L-19441

    June 30, 1964

    Topic Unfair Competition


    Issue Whether or not defendant is guilty of Unfair Competition
    Ruling Any person who shall employ deception or any other means
    contrary to good faith by which he shall pass off the goods
    manufactured by him or in which he deals, ... for those of
    the one having established such goodwill, or who shall
    commit any act calculated to produce said result, shall be
    guilty of unfair competition, and shall be subject to an
    action therefor. In other words, the inherent element of
    unfair competition is fraud or deceit.
    Not just because a manufacturer used a container still
    bearing a competitor's marking in the sale of one's
    products, irrespective of to whom and how the sale is made,
    can there be a conclusion that the buying public has been
    misled or will be misled, and, therefore, unfair competition
    is born. The single transaction at bar will not render
    defendant's act an unfair competition, much in the same
    way that the appearance of one swallow does not make a
    season, summer.
    By TALATALA, Angelo Carlo T.

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