DEL MONTE CORPORATION and PHILIPPINE PACKING CORPORATION vs.

COURT OF APPEALS and SUNSHINE SAUCE MANUFACTURING INDUSTRIES

G.R. No. L-78325
January 25, 1990

Facts:
Petitioner Del Monte, an American corporation, granted Philpack the right to
manufacture, distribute and sell in the Philippines its Del Monte catsup. Petitioner’s
trademark and logo ‘Del Monte’ and its catsup bottle were subsequently registered in
the Philippines. Meanwhile respondent Sunshine Sauce, a company also engaged in
the manufacturing and sale of various kinds of sauces, registered its logo ‘Sunshine
Fruit Catsup.’ 

Having received reports that Sunshine was  buying and recycling used Del
Monte’sxclusively designed bottle in junk shops to serve as container for its own catsup
and that its logo is confusingly similar to Del Monte’s, PhilPack warned sunshine to
desist from doing so. Ignored, PhilPack and Del Monte sued. The trial court ruled in
favor of Sunshine. The Court of Appeals affirmed the decision. Hence, the petition for
certiorari

Issue:
Whether or not there was infringement of trademark and unfair competition.

Held:
Yes. There was infringement of trademark and unfair competition.

Section 22 of R.A. No. 166, otherwise known as the Trademark Law, provides:

Any person who shall use, without the consent of the registrant, any reproduction,
counterfeit, copy or colorable imitation of any registered mark or trade name in
connection with the sale, offering for sale, or advertising of any goods, business or
services on or in connection with which such use is likely to cause confusion or mistake
or to deceive purchasers or others as to the source or origin of such goods or services
or identity of such business...

Sec. 29 of the same law states as follows:

Any person who shall employ deception or any other means contrary to good faith by
which he shall pass off the goods manufactured by him or in which he deals, or his
business, or services for those of the one having established such goodwill...