ASIA BREWERY, INC. vs. THE HON.

COURT OF APPEALS and

SAN MIGUEL CORPORATION
G.R. 103543
July 5, 1993

Facts:

San Miguel Corporation (SMC) filed a complaint against Asia Brewery Inc. (ABI) for infringement
of trademark and unfair competition on account of the latter's BEER PALE PILSEN or BEER NA
BEER product which has been competing with SMC's SAN MIGUEL PALE PILSEN for a share of
the local beer market.

The trial court dismissed SMC's complaint because ABI "has not committed trademark
infringement or unfair competition against" SMC

On appeal by SMC, the Court of Appeals reversed the decision rendered by the trial court,
finding the defendant Asia Brewery Incorporated GUILTY of infringement of trademark and
unfair competition. ABI then filed a petition for certiorari.

Issue:

Whether the registration of SMC's beer bottles gives SMC a patent on the steinie or on bottles
of similar size, shape or color?

Ruling:

No. The fact that SMC's bottle is registered under R.A. No. 623 (as amended by RA 5700, An Act
to Regulate the Use of Duly Stamped or Marked Bottles, Boxes, Casks, Kegs, Barrels and Other
Similar Containers) simply prohibits manufacturers of other foodstuffs from the unauthorized
use of SMC's bottles by refilling these with their products. It was not uncommon then for
products such as patis (fish sauce) and toyo (soy sauce) to be sold in recycled SAN MIGUEL PALE
PILSEN bottles. Registration of SMC's beer bottles did not give SMC a patent on the steinie or on
bottles of similar size, shape or color.