Professional Documents
Culture Documents
Pearl & Dean vs. Shoemart
Pearl & Dean vs. Shoemart
SHOEMART
G.R. No. 148222
August 15, 2003
FACTS:
Pearl & Dean is the owner of a copyright over
light boxes, which are marketed under the
trademark Poster Ads. Pearl was employing
Metro Industrial Services to manufacture its
advertising displays.
In 1985, Pearl negotiated with SMI for the lease
and installation of the light boxes in SM Cubao
and SM Makati. But, SMI later wanted the
rescission of contract which Pearl opposed. Two
years later, SMI engaged Metro Industrial, and
EYD thereafter.
Pearl later received reports that exact copies of
its light boxes bearing the mark Poster Ads
were installed in the malls. Hence, Pearl
demanded for removal and discontinuation of the
use thereof, which the defendants heeded.
Unsatisfied, Pearl filed the case for infringement
of trademark and copyright, unfair competition
and damages.
SMI maintained that it independently developed
its poster panels using commonly known
techniques and available technology, without
notice of or reference to Pearl & Deans copyright.
SMI noted that the registration of the mark
Poster Ads was only for stationeries such as
letterheads, envelopes, and the like. Besides,
according to SMI, the word Poster Ads is a
generic term which cannot be appropriated as a
trademark, and, as such, registration of such
mark is invalid. It also stressed that Pearl & Dean
is not entitled to the reliefs prayed for in its
complaint since its advertising display units
contained no copyright notice, in violation of
Section 27 of P.D. 49.
ISSUE:
(1) Was there copyright infringement? NO.
(2) Can the defendants be held liable for
patent infringement? NO.
(3) Was there trademark infringement? NO.
(4) Can defendants be held liable for unfair
competition? NO.
HELD:
(1) There was no copyright infringement. Pearls
copyright over the engineering drawings does
NOT extend ipso facto to the light boxes depicted
or illustrated in said drawings. The copyright was
limited to the drawings alone and not to the light
box itself.