Ca g a y a n

Va l l e y v C A
& L a T o n d e ñ a
GR No. 78413 November 8, 1989
 La Tondeña
- filed a case against Cagayan Valley,
alleging that it used said bottles with the
mark “La Tondeña Inc.” and “Ginebra San
Miguel” stamped therein by filling the same
with its liquor product bearing the label
“Sonny Boy” for commercial sale and
distribution without La Tondeña’s consent,
in violation of RA No. 623
Cagayan Valley
There are two sets of marked bottles:
1. Those which contain the marks
“Property of La Tondeña Inc., Ginebra
San Miguel”; and
2. Those simply marked as “La Tondeña
Inc., Ginebra San Miguel.” (this is the
one being used by Cagayan)
By omitting the words “property of”, the
second set of bottles were removed from
the protection of the law, since these were
not the registered bottles of La Tondeña.
Facts
 t h e r e a n e e d t o
Is d s
dis p l a y t h e w o r
. P h i l . P a t . O f f "
"Reg c i v i l
in order t o f i l e a
action a g a i n s t
g a y a n f o r t h e
Ca s ?
l u s e o f b o t t l e
illega
NO!
Even assuming that RA 166, Section 21 is applicable, said
requirement is not a condition sine qua non for the filing of a
civil action against the infringer for other reliefs for which the
plaintiff may be entitled.
Section 21. Requirements of notice of registration of trade-
mark. - The registrant of a trade-mark, heretofore registered or
registered under the provisions of this Act, shall give notice that
his mark is registered by displaying with the same as used the Ruling
words "Registered in the Philippines Patent Office" or "Reg.
Phil. Pat. Off."; and in any suit for infringement under this Act by
a registrant failing so to mark the goods bearing the registered
trade-mark, no damages shall be recovered under the
provisions of this Act unless the defendant has actual notice of
the registration.
 C a g a y a n V a l l e y
Is o f
o f v i o l a t i o n
guilty
RA 6 2 3 ?
YES!
The law grants protection to a qualified manufacturer who
successfully registered with the Philippine Patent Office its duly
stamped or marked bottles, boxes, casks and other similar
containers.
Under RA 623: Ruling
GENERAL RULE: The mere use of registered bottles or
containers without the written consent of the manufacturer is
prohibited.
EXCEPTIONS: When they are used as containers for “sisi”,
“bagoong”, “patis” and similar native products. (Section 6, RA
623)
RA 623, which governs the registration of marked bottles and
containers merely require that the bottles must be:
- stamped or marked with the names of the manufacturers or
- the names of their
principals or products, or
- other marks of ownership. Ruling
The La Tondeña bottles without the words “property of”
substantially complied with the requirements of RA 623 as they
bear the:
Name of the principal (La Tondeña); and
Of its product (Ginebra San Miguel)
 l i q u o r c o v e r e d
Is hard o n s o f
by th e p r o v i s i
RA 6 2 3 ?
YES!
The title of the law itself – An Act to Regulate the Use of Duly
Stamped or Marked Bottles, Boxes, Casks, Kegs, Barrels and
Other Similar Containers – clearly shows the legislative intent
to give protection to all marked bottles and containers of all Ruling
lawful beverages, regardless of the nature of their contents.
“Other lawful beverages” – refers to all beverages not
prohibited by law.
“Beverage” – defined as a liquor or liquid for drinking
Hard liquor, although regulated, is not prohibited by law, hence
it is within the coverage of RA 623.