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Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 75, Valenzuela City

JOHNNY DELA CROSS

Plaintiff,

- versus -

SPORTS UNLIMITED INC. ​and Civil Case No. 112117

SPORTS UNLIMITED For: Complaint for Damages
PHILIPPINES CORP,
Defendants​.
x-----------------------------------------x

JOINT STIPULATION OF FACTS

The parties to this action stipulate to the following facts:

1. Plaintiff Johnny Dela Cross, of legal age, Filipino and a resident

of Valenzuela City is doing business under the name & style
“Super Putter Enterprises.”
2. Defendant Sports Unlimited, Inc. (“SUI”) is a foreign corporation
organized under the laws of the United States. It is not licensed
to do and is itself not doing business in the Philippines.
3. Defendant Sports Unlimited Philippines Corp. (“SUPC”) is a
corporation duly organized under the laws of the Philippines.
4. Plaintiff is the owner of the registered trademark "Lasthole and
Device," under Certificate of Registration No. 777888 (Principal
Register) issued by the BPTTT on 1 February 1997.
5. Plaintiff is the owner of the registered trademark "Lasthole,"
under Certificate of Registration No. 888111 (Principal Register)
issued by the BPTTT on 1 December 1997 for golf accessories
specifically headgear.
6. Plaintiff is the owner of the registered copyright "Lasthole and
Design," under Certificate of Registration No. 181818 issued by
the National Library on 1 July 1992 for golf accessories
specifically headgear.
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7. Defendants SUPC and SUI did not file an opposition to the

application of plaintiff's mark under Certificate of Registration
No. 777888 after it had been published for opposition.
8. Plaintiff advertised and sold the caps it manufactured as golf
accessories.
9. The private investigator hired by Defendant SUI and the
investigators from the National Bureau of Investigation, posing
as buyers, intercepted a delivery van and seized the unfinished
caps embroidered with the trademark “Lasthole and Device,”
which were owned by the Plaintiff.
10. Using the seized unfinished caps embroidered with the
trademark “Lasthole and Device,” which were owned by the
Plaintiff, the NBI investigators filed an application for a search
warrant with the Regional Trial Court of Manila.
11. The NBI, executing the search warrant it had obtained from
the Regional Trial Court of Manila, seized a total of 50,000 caps
owned by the Plaintiff, embroidered with the trademark
“Lasthole and Device.”
12. On the basis of the same search warrant, the NBI also
seized sewing and embroidery machines together with the
commercial records of Plaintiff showing manufacture and sale
of Lasthole caps since 1 December 1995.
13. Fastball caps are sold only in accredited sporting good
shops and SUI requires merchants to segregate exclusive
areas for the sale of Fastball products and to use distinguishing
signages and label supplied by SUI.
14. The licensing agreement and distributorship agreement
between SUI and SUPC are not registered with the IPO.
15. Defendant SUI is engaged in the production and sale of
sports equipment and paraphernalia, and is the owner of the
word and device mark “Fastball and Device”, used on baseball
caps.
16. Defendant SUI is the owner of the registered trademark
“Fastball and Device” under U.S. Certificate of Registration No.
12345 issued on 1 January 1921.
17. Defendant SUI’s mark is registered in at least 150 countries,
most if not all are members of the Paris Convention, WIPO, and
the TRIPS Agreement.
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18. Defendant SUI is the owner of the registered trademark

“Fastball and Device” under Certificate of Registration No.
678910 issued on 1 January 1973.
19. In the early 1940’s, Defendant SUI decided to launch a
worldwide advertising and promotions campaign through the
print media. By the mid 1960’s, the campaign has gradually
grown to include television, radio, movies & outdoor advertising;
and by the 1980’s was fully multi-media.
20. In 1990, the Defendant SUI commissioned a survey to
determine whether or not the trademark “Fastball and Device” is
strongly associated with Defendant.
21. In early 2005, a comprehensive market survey conducted by
Defendant SUI revealed that the Lasthole cap product was
already extensively marketed and sold in Metro Manila and has
begun to show up in large quantities in Metro Cebu and Metro
Davao.
22. Defendant SUI also commissioned a consumer market
research survey to determine the likelihood of confusion of
Fastball caps with Lasthole caps, wherein the results show that
consumers are indeed likely to confuse the two (2) products.
23. The manufacturing facility in Valenzuela where the search
warrant was enforced is owned by an individual named “Johnny
Dela Cross”, who does business under the name & style “Super
Putter Enterprises.”
24. In Plaintiff’s registered trademark "Lasthole and Device,"
under Certificate of Registration No. 777888 (Principal Register)
issued by the BPTTT on 1 February 1997, the claimed date of
first use is on 1 December 1992.

Valenzuela City. 22 November 2017.

PATRICIA O. SEVILLA
Counsel for Plaintiff
Sevilla & Associates
PTR No. 2626734 –
01/05/2016 – Quezon City
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IBP No. 012436 –

05/08/2014 – Quezon City
(Lifetime)
Roll of Attorneys No. 73111
MCLE Compliance No.
IV-00254913 - 12/31/2017

JOSE MARIA L. MARELLA

Counsel for Defendant
GSMmm LAW
PTR No. 2626734 –
01/05/2016 – Quezon City
IBP No. 012816 –
05/08/2014 – Quezon City
(Lifetime)
Roll of Attorneys No. 71111
MCLE Compliance No.
IV-0023413 - 12/31/2017