Class 7

a. Unfair Competition
1. Definition Sec. 168 IPC
168.2: 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, or his business, or services for those of the one having
established such goodwill, or who shall commit any acts calculated to
produce said result, shall be guilty of unfair competition, and shall be subject
to an action therefor.
Alhambra cigar v. Mojica, GR 8937, 21 March 1914
Alhambra Cigar is known for its cigar with a brown paper ring with gold
letters.
Mojica started producing cigars with the same band.
Both bands have 3 sections; and both have MANILA and
excellentes written
SC RULES THERE WAS UNFAIR COMPETITION
The cigars having substantially the same appearance, the deception is
not only possible but is very probable. The cigar used by Mojico
deceives the purchaser who will buy the cigars of the plaintiff.
Section 7 of Act No. 666 reads: "Any person who in selling his goods
shall give them the general appearance of goods of another
manufacturer or dealer, either in the wrapping of the packages in
which they are contained, or the devices of words thereon, or in any
other feature of their appearance, which would be likely to influence
purchasers to believe that the goods offered are of a manufacturer or
dealer other than the actual manufacturer or dealer, and who clothes
the goods with such appearance for the purpose of deceiving the
public and defrauding another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any vendor engaged
in selling such goods with a like purpose, shall be guilty of unfair
competition
XXX This section applies in cases where the deceitful appearance of
the goods, misleading as to origin or ownership, is effected not by
means of technical trademarks, emblems, signs, or devices, but by the
general appearance of the package, containing the goods, or by
the devices or words thereon XXX
Unfair competition consists in passing off or attempting to pass off
upon the public the goods or business of one person as and for the
goods or business of another.
no one has a right to dress up his goods in such a manner as to
deceive an intending purchaser and induce him to believe he is buying
the goods of another.
Coca-Cola Bottlers, Phils. V. Gomez, GR No. 154491, 14 November
2008

Levi Strauss v. Tony Lim, GR. 162311, 4 December 2008

2. Elements of Unfair Competition
McDonalds Corp. v. L.C. Big Mak, 437 SCRA 10 (2004)
NBI-Microsoft Corporation vs. Judy Hwang, G.R. No. 147043, 21 June 2005
In and Out Burger v. Sehwani, GR 179127, 24 December 24, 2008
3. Test of Unfair Competition
Alhambra cigar v. Mojica, GR 8937, 21 March 1914
Superior Enterprises v. Kunnan Enterprises, GR No. 169974, 20 April 2010
4. Relief
Universal Rubber Products, Inc. v. CA GR No. L-30266, 9 June 1984
McDonalds Corp. v. L.C. Big Mak, 437 SCRA 10 (2004)
5. False Designation of Origin Sec. 169 IPC
Chester Uyco, et al. v. Vicente Lo, GR No. 202423, 18 January 2013
Willaware Products Corp. v. Jusicris Manufacturing Corp. GR No. 195549, 3
Sept. 2014
b. Trade Names or Business Names Sec. 165 IPC
Dermaline, Inc. v. Myra Pharmaceuticals, Inc. 628 SCRA 356 (2010)
Roma Drug v. RTC 585 SCRA 140 (2009)
c. Bureau of Customs Recordal Sec. 166 IPC Sec. 159.4, see IRR
Universally Accessible and Cheaper and Quality Medicines Act of
2008 (RA 9502)