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Puma vs. IAC
Puma vs. IAC
IAC
Prior to this, cases were pending in PPO for opposition by Puma of the registration of
Puma and Device in the principal register.
RTC issued TRO restraiing the resp and the Dir of Patents from using PUMA or any
reproduction thereof
Resp MTD for failure to state coa; no legal personality, and litis pendentia
CA: dismiss
- Failure to complywith reqs of sec.21-A which are that the TM of the suing corp
must be registered in the PH or be assignee thereof, and that there is
reciprocal treatment to PH corporations by law or convention by the country
of origin of the foreign corp.
- Sec 21-A does not mandatorily require that the reciprocity must be pleaded
- Widely and favorably known mark in the PH gives them legal right to
maintain action in PH restraining residents and inhabitants from organizing a
corp bearing the same name as the foreign corp.
REVERSED CA