Professional Documents
Culture Documents
Trademark infringement is the unauthorized use of a trademark while unfair competition is the
passing off of ones goods as those of another;
In trademark infringement, fraudulent intent is unnecessary while in unfair competition, fraudulent
intent is essential;
In trademark infringement, the prior registration of the trademark is a prerequisite to the action, while
in unfair competition, registration is not necessary.
The doctrine of equivalents provides that an infringement takes place when a device appropriates a prior
invention by incorporating its innovative concept, and although with some modification and change, performs
substantially the same function in substantially the same way to achieve the same result.
3. Melano is the trademark owner of Ang Tibay in the manufacture and sale of slippers and shoes.
Subsequently, he discovered that Molino is also using the same mark on his own line of business of
manufacturing and selling of shirts. An action for trademark infringement was instituted by Melano against
Molino. Molino contends that he cannot be held liable for trademark infringement because Ang Tibay is a non-
registrable mark because it is a descriptive term. Is he correct? NO. The phrase Ang Tibay is an exclamation
denoting admiration of strength or durability. For instance, one who tries hard but fails to break an object
exclaims, Ang Tibay! (How strong!). It may also be used in a sentence thus, Ang tibay ng sapatos mo!
(How durable your shoes are!). The phrase never used adjectively to define or describe an object. One does
not say, ang tibay sapatos or sapatos ang tibay to mean durable shoes, but matibay na sapatos or
sapatos na matibay. Thus, Ang Tibay is not a descriptive term within the meaning of the trademark law but
rather a fanciful or coined phrase which may properly and legally be appropriated as a trademark or
tradename. (Ang v. Teodoro, G.R. No. L-48226, December 14, 1942)
The economic rights granted to the copyright holder which consist of the exclusive right to carry out, authorize,
or prevent the following acts:
5. What are the features of copyright which differentiate it from trademark and patent?
The right of succession of a corporation provides that it has a capacity of continuous existence irrespective of
the death, withdrawal, insolvency, or incapacity of the individual stockholders or members and regardless of
the transfer of their interest or shares of stock.
Banking