San miguel purefoods

Fourth, comparing the competing marks would not lead to confusion, much less deception of the public. InSMPFCI launched its "Dapat ganito ka-espesyal" campaign, utilizing the promotional material showing a picture of a whole meat ham served on a plate with fresh fruits on the side.

The remedies provided by Sectionsand shall apply mutatis mutandis. As such, the company is again in talks with another local firm for possible acquisition.

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As regards G. As duly noted by the Director General and the CA, both packages use paper ham bags as the container for the hams, both paper ham bags use the red color as the main colors, and both have the layout design appearing on the bags consisting of a partly sliced ham and fruits on the front and other ham varieties offered at the back.

Confusion between the marks, moreover, is rendered impossible because the products are sold in booths manned by different "promodisers. The dividend rate will be set on February 11, while offer period will be from February 16 to March 5.

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The issue date was set on March Every contribution counts. Moreover, even prior to SMPFCI's use of the questioned ham bags in , Foodsphere had already been adopting the image of partly-sliced hams laced with fruits and red color on its packages. As such, the company is again in talks with another local firm for possible acquisition. Thus, the Court has held, time and again, that exemplary damages may be awarded for as long as the following requisites are present: 1 they may be imposed, by way of example, only in addition, among others, to compensatory damages, only after the claimant's right to them has been established, and cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant; 2 the claimant must first establish his right to moral, temperate, liquidated or compensatory damages; and 3 the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner. Galapate-Laguilles, concurring; rollo G. But where the inevitable conclusion from the body of the decision is so clear as to show that there was a mistake in the dispositive portion, the body of the decision will prevail. Fifth, similarity in the packaging does not necessarily constitute "confusing" similarity. On the other hand, in G. In other words, the defendant gives his goods the general appearance of the goods of his competitor with the intention of deceiving the public that the goods are those of his competitor.

Passing off or palming off takes place where the defendant, by imitative devices on the general appearance of the goods, misleads prospective purchasers into buying his merchandise under the impression that they are buying that of his competitors.

The confusing similarity may or may not result from similarity in the marks, but may result from other external factors in the packaging or presentation of the goods.

This was shown in its statements such as "Foodsphere was correctly ordered to pay nominal damages," "its failure to properly substantiate the same left the Office of the Director General without any basis to award it," "as for exemplary damages, the award thereof was warranted," and "the award of attorney's fees must likewise be upheld.

On the other hand, in G.

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The issue date was set on March Second of all, Foodsphere's intent to deceive the public, to defraud its competitor, and to ride on the goodwill of SMPFCI's products is evidenced by the fact that not only did Foodsphere switch from its old box packaging to the same paper ham bag packaging as that used by SMPFCI, it also used the same layout design printed on the same. Confusion between the marks, moreover, is rendered impossible because the products are sold in booths manned by different "promodisers. Thus, the Court has held, time and again, that exemplary damages may be awarded for as long as the following requisites are present: 1 they may be imposed, by way of example, only in addition, among others, to compensatory damages, only after the claimant's right to them has been established, and cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant; 2 the claimant must first establish his right to moral, temperate, liquidated or compensatory damages; and 3 the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner. Thus, it is entitled to actual damages and attorney's fees. Third, the circumstance that the manufacturer has printed its name all over the packaging negates fraudulent intent to palm off its goods as another's product. A person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or services so identified, which will be protected in the same manner as other property rights. Every contribution counts. But the port congestion remains a problem for the company that it has to resort to higher priced substitute raw materials, Alejo said. According to Foodsphere, while the packages were both in the form of bags, their respective trademarks were boldly printed thereon. The ham is being sliced with a knife and the other portion, held in place by a serving fork.

The company is also planning to expand its bakery business by putting up 5, Kambal Pandesal stores by

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SAN MIGUEL FOODS in Pasig City, Metro Manila