18 Questions
What is the primary reason for the rejection of Dermaline, Inc.'s application for trademark registration by the Supreme Court?
The likelihood of confusion with Myra Pharmaceuticals, Inc.'s previously registered trademark.
What legal principle is applied in the dispute over the registration of the trademark 'Barbizon' in the Philippines?
Res judicata
What section of R.A. No. 166 was violated by Fredco's registration of the mark 'Harvard' according to the Supreme Court's ruling?
Section 4(a)
What is the main reason for the prohibition of the registration of the 'OK Hotdog Inasal' mark by the Supreme Court?
Its similarity and potential for confusion with Mang Inasal's registered mark.
What is the primary concern of the Intellectual Property Code in relation to trademark registration and use?
Preventing confusion and unfair competition among businesses.
What is the implication of the Supreme Court's ruling in favor of Skechers, U.S.A., Inc. in a trademark dispute?
The protection of Skechers' registered trademark and the prevention of unfair competition.
What is the consequence of a respondent's failure to file the required declaration of actual use of a trademark?
Abandonment of their rights over the mark
How did the Supreme Court define 'actual use' in the case of Starwood Hotels and Resorts Worldwide, Inc.?
Through an interactive website
What is the penalty for trademark infringement and unfair competition, as seen in the case of REGASCO?
Liability
What is the significance of prior and continuous use of a mark in a trademark dispute, as seen in the case of E.Y.Industrial Sales, Inc.?
Establishes the party as the true owner of the trademark
Under what circumstances can a trademark registration be cancelled, as seen in the case of Birkenstock and Philippine Shoe Expo?
Failure to file the required declaration of actual use
What is the relationship between trademark use and licensing, as implied by the cases cited?
Trademark use establishes the right to license
In the case of NESTLE, Societe Des Produits, S.A. vs. Puregold Price Club, Inc., what was the court's ruling regarding the similarity of the two marks 'COFFEE MATCH' and 'COFFEE-MATE'?
The court ruled that the two marks are not confusingly similar and there is no likelihood of confusion between them.
In the case of Seri Somboobsakdikul vs. Orlane S.A., what was the basis of the Supreme Court's decision to grant the petitioner's application for the registration of the mark 'LOLANE'?
The Supreme Court ruled that there is no likelihood of confusion between the marks based on distinct visual and aural differences and the petitioner's prior use of the mark since 1995.
What is the key consideration in determining whether a trademark infringes on another?
The likelihood of confusion among the public.
What is the significance of the dominant feature of a trademark in a trademark infringement dispute?
The dominant feature of a trademark is emphasized to determine the likelihood of confusion among the public.
What is the potential consequence of a trademark infringement dispute?
Cancellation of trademark registration.
What is the importance of trademark use and licensing in preventing trademark infringement?
Proper trademark use and licensing can help prevent trademark infringement by ensuring that authorized users of a mark are aware of the terms and conditions of use.
Test your knowledge on famous trademark law cases, including Dermaline, Inc. vs. Myra Pharmaceuticals, Inc., where the Supreme Court rejected an application due to likelihood of confusion with a previously registered trademark. Review key concepts and principles in trademark law, including protection of established brands and intellectual property rights.
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