1. The law firm provides a legal opinion to En Vogue Manila regarding possible legal action against Ready-to-Win for trademark infringement.
2. Ready-to-Win is committing infringement by selling high-end European brands at half price, creating the impression they are authorized to do so.
3. En Vogue Manila can file a case for infringement of trade name under the Intellectual Property Code. The law firm recommends also pursuing criminal and civil charges without involving En Vogue's partner European brands.
1. The law firm provides a legal opinion to En Vogue Manila regarding possible legal action against Ready-to-Win for trademark infringement.
2. Ready-to-Win is committing infringement by selling high-end European brands at half price, creating the impression they are authorized to do so.
3. En Vogue Manila can file a case for infringement of trade name under the Intellectual Property Code. The law firm recommends also pursuing criminal and civil charges without involving En Vogue's partner European brands.
1. The law firm provides a legal opinion to En Vogue Manila regarding possible legal action against Ready-to-Win for trademark infringement.
2. Ready-to-Win is committing infringement by selling high-end European brands at half price, creating the impression they are authorized to do so.
3. En Vogue Manila can file a case for infringement of trade name under the Intellectual Property Code. The law firm recommends also pursuing criminal and civil charges without involving En Vogue's partner European brands.
S A N T O T O M A S V I C T O R I N O & M A RT I N
L AW O F F I C E Penthouse, Sagittarius VI Towers, Ayala Avenue, Salcedo Village, Makati City
30 March 2017
MS. UMA PEREZ DE TAGLE
AVP for Licenses and Operations En Vogue Manila Level 6, 6750 Ayala Avenue, Makati City
Dear Ms. De Tagle:
This refers to your letter dated 16 March 2017 regarding for a
legal opinion on the possible criminal and/or civil liability of Helen Ready of Ready-to-Win.
Based on the facts presented to us and on the laws and the
jurisprudence applicable to your situation, En Vogue Manila can file a case against Ready-to-Wear for Infringement of trade name under the Intellectual Property Code. Infringement is committed by any person who shall, without the consent of the owner of the registered mark: 1. Use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive1; or 2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.
1 Sec. 155.1, RA No. 8293
S A N T O T O M A S V I C T O R I N O & M A RT I N L AW O F F I C E Penthouse, Sagittarius VI Towers, Ayala Avenue, Salcedo Village, Makati City
Ready-to-Wear created an impression to its clients, prospective
and existing, that it is authorized to sell the high-end brands at half the price. Thus, it committed infringement of trade name.
Moreover, En Vogue may institute the filing of criminal and civil
charges against Helen Ready and Ready-to-Win without impleading your partner European brands.
Should you decide to institute the filing of charges, it is highly
recommended that we take an in depth assessment of the provisions of your Technical Licensing Agreement with its partner European brands, conferring to your company the exclusive sales, marketing and distribution rights on the aforementioned European brands in the Philippines. Such provisions will aid us in determining the extent of your rights as an exclusive distributor.
Attached with this Letter is a copy of the legal research of the
firm for your perusal.
Should there be any questions or clarifications, please feel free
Emerald Garment Manufacturing Corporation vs. Hon. Court of Appeals, Bureau of Patents, Trademarks and Technology Transfer and H.D. Lee Company, Inc. G.R. No. 100098, December 29, 1995
Republic Act 8293 The Intellectual Property Code of The Philippines (On Law On Trademarks, Unfair Competition and False Designation Only) Definition of Terms