B09 Ang v. Teodoro, GR L-48226, 14 December 1942, en Banc, Ozaeta (J) - MORA PDF
B09 Ang v. Teodoro, GR L-48226, 14 December 1942, en Banc, Ozaeta (J) - MORA PDF
B09 Ang v. Teodoro, GR L-48226, 14 December 1942, en Banc, Ozaeta (J) - MORA PDF
Facts
Issue
From all of this we deduce that "Ang Tibay" is not a descriptive term
within the meaning of the Trade-Mark Law but rather a fanciful or
coined phrase which may properly and legally be appropriated as a
trade-mark or trade-name.
We think reasonable men may not disagree that shoes and shirts
are not as unrelated as fountain pens and razor blades, for instance.
The mere relation or association of the articles is not controlling. As
may readily be noted from what we have heretofore said, the
proprietary connotation that a trade-mark or trade-name has
acquired is of more paramount consideration. The Court of Appeals
found in this case that by uninterrupted and exclusive use since
1910 of respondent's registered trade-mark on slippers and shoes
manufactured by him, it has come to indicate the origin and
ownership of said goods. It is certainly not farfetched to surmise
that the selection by petitioner of the same trade-mark for pants
and shirts was motivated by a desire to get a free ride on the
reputation and selling power it has acquired at the hands of the
respondent. As observed in another case, 12 the field from which a
person may select a trade-mark is practically unlimited, and hence
there is no excuse for impinging upon or even closely approaching
the mark of a business rival. In the unlimited field of choice, what
could have been petitioner's purpose in selecting "Ang Tibay" if not
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