The confusing jurisprudence on confusing similarity and its impact in the enforcement of trademark rights / Bernadette M. Basig.
Material type:
TextPublisher: Cebu City : University of Cebu, 2016Description: v, 55 leaves ; 31 cmContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: The existing jurisprudence pertaining to trademark disputes is in a state of disarray. This study examines the trend in jurisprudence among relevant trademark cases touching on the issue of the holistic test and dominancy test, the tests being used to determine colorable imitation or likelihood of confusion. Particular attention is given to the case decisions for the past fifteen years. It begins with the overview of the history and the development of the law of trademarks. The cases are discussed in chronological order. It can be gleaned from the line of cases that the Supreme Court has not been consistent in its decision. There is no definite standard or criteria as to when one test should be used over the other, or when both tests are applicable. Moreover, there are instances wherein the holistic test and the dominancy test are incompatible, and the use of one over the other could spell out the finding of infringement. This lack of a clear standard poses some serious challenges for Intellectual Property owners who are at a loss whether to pursue an infringement case or to hold back considering the costly and protracted process of litigation in the Philippines.
| Item type | Current location | Call number | Status | Date due | Barcode |
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Thesis
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Reserved (Law) | T B29co 2016 (Browse shelf) | Not for loan | 3UCBLL000007908 | |
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Thesis
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Reserved (Law) | T B29co 2016 (Browse shelf) | Not for loan | 3UCBLL000007916 |
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Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 53-55).
Summary: The existing jurisprudence pertaining to trademark disputes is in a state of disarray. This study examines the trend in jurisprudence among relevant trademark cases touching on the issue of the holistic test and dominancy test, the tests being used to determine colorable imitation or likelihood of confusion. Particular attention is given to the case decisions for the past fifteen years. It begins with the overview of the history and the development of the law of trademarks. The cases are discussed in chronological order. It can be gleaned from the line of cases that the Supreme Court has not been consistent in its decision. There is no definite standard or criteria as to when one test should be used over the other, or when both tests are applicable. Moreover, there are instances wherein the holistic test and the dominancy test are incompatible, and the use of one over the other could spell out the finding of infringement. This lack of a clear standard poses some serious challenges for Intellectual Property owners who are at a loss whether to pursue an infringement case or to hold back considering the costly and protracted process of litigation in the Philippines.
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