Hickok v CA Digest

G.R. No. L-44707, August 31, 1982

Facts:
Petitioner is a foreign corporation and all its products are manufactures by Quality House Inc.
The latter pays royalty to the petitioner. Hickok registered the trademark 'Hickok' earlier and
used it in the sale of leather wallets, key cases, money folds, belts, men’s underwear, neckties,
hankies, and men's socks. While Sam Bun Liong used the same trademark in the sale of
Marikina shoes. Both products have different channels of trade. The Patent Office did not grant
the registration, but the Court of Appeals reversed the PPO decision.

Issue: Is there infringement in this case?

NONE. Emphasis should be on the similarity of the products involved and not on the arbitrary
classification or the general description of their properties or characteristics. Also, the mere fact
that one person has adopted and used a trademark on his goods does not prevent the adoption
and use of the same by others on unrelated articles of different kind.
There is a different design and coloring of the trademark itself. The 'Hickok' trademark is in red
with white background in the middle of 2 branches of laurel (in light gold) while the one used
by Sam Bun Liong is the word 'Hickok ' in white with gold background between 2 branches of
laurel in red with the word 'shoes' also in red placed below the word 'Hickok'.