ASIA BREWERY, INC., vs. THE HON. COURT OF APPEALS and SAN MIGUEL CORPORATION.
- G.R. Number: G.R. No. 103543
- Promulgated: 1993-07-05
- Ponente: Griño-Aquino, J.
Doctrine
Trademark infringement is determined by the test of dominancy: if the competing mark contains the main or dominant features of another and is likely to cause confusion, infringement occurs; similarity in size, form and color is relevant but not conclusive.
Descriptive words or combinations that merely describe an article's composition, characteristics, or qualities cannot be exclusively appropriated as a trademark.
Marks must be considered as a whole and judged by the impression on the casual purchaser acting under normal trade conditions; courts should assume ordinary buyer carelessness and focus on overall confusing similarity.
Facts
Asia Brewery, Inc. (ABI) was sued by San Miguel Corporation (SMC) for trademark infringement and unfair competition over ABI's BEER PALE PILSEN label and bottle features.
ABI appealed to the Supreme Court by a petition for certiorari under Rule 45 challenging the Court of Appeals' findings on the factual issue of infringement.
The courts below disagreed on the factual question whether ABI's amber steinie bottle with a white rectangular label and the name BEER PALE PILSEN infringed SMC's SAN MIGUEL PALE PILSEN mark.
ABI argued its bottle shape is a standard steinie (non-exclusive), amber color is functional for beer protection, and ABI's bottle has distinguishing features (fat bulging neck).
Issues
Whether ABI's use of BEER PALE PILSEN and its bottle/label design infringes SMC's SAN MIGUEL PALE PILSEN trademark and constitutes unfair competition.
Ruling
The petition is granted; the Court set aside the Court of Appeals' decision and reinstated and affirmed the trial court's judgment finding no infringement as framed by the Court (costs against private respondent).
Keywords
G.R. No. 103543, infringement of trademark, unfair competition, BEER PALE PILSEN, SAN MIGUEL PALE PILSEN, trademark infringement, Civ. Case. No. 56390, Rule 45 of the Rules of Court, factual issue, Phil. Nut Industry Inc. v. Standard Brands Inc., 65 SCRA 575, Reynolds Philippine Corporation vs. Court of Appeals, 169 SCRA 220, 223, conclusive findings of fact (Court of Appeals), exceptions to general rule, defendant, bottles, trial, appeals, infringement, findings, trademark