I've tested it my self. Not that I'm such a bad humorist. On the contrary in fact I think I could pass as a good comedian my self granted I'm in the mood and everybody sets the mood for it.
I'm not the slapstick type. Although I enjoyed slapstick comedy as early as high school since I've had sidekicks (I dunno why) even up to college who laughed at my jokes like hyenas (you know like ahihihihihihi!) . Actually to tell you frankly I really couldn't categorically say that I could pass as a good comedian. It's not in my blood I'm the semi-serious type. It's probably my gullible buddies that made a trend for it kase sinasalo nila mga punchline ko. Co'z generally when I throw a joke in class in absence of the teacher during high school where our pass time was to tease the girls, and where the girls big challenges were 'barahin yung mga boys', di talaga slapstick.
I'm more of the swabe type. One punchline lang and my gullible sidekicks would laugh crazy like hyenas. One teacher was even amazed I was just seated in a comfortable armed chair naka de-ocho touching my chin with a half-devious smile and I threw a joke and my classmates were laughing like crazy on the floor. But that's usually a private joke among our selves. I cannot do stand-up comedy. Kaya di ko masabe kung magaling ako mag joke talaga kase nasanay ako ng may mga gullible friends na sumasalo sa punchline ko. Probably because of friendship I guess.
So is COMEDY really the way to win a woman’s heart? I wouldn't say that. Asar na asar pa nga mga babae samen non eh. But some girls really couldn't help it. They laugh. Oh but the irony is, yung maganda sa klase? ayaw ako pagjokin. Panget daw sa kanya tawa ng tawa na lalake. Gusto nya medyo seryoso. Aw!! So I could use that as a premise right? Yung magaganda are the ones usually more prone to drama.
I'm not talking about drama perse the way Pinoy teleserye sees it. Sigawan mode "WALANG HIYAA KAAA!!!!" blah blah etc. I'm talking Intelligent Conversations. Exemplary Actuation. Decisive Actions. Intimate Communications. The universal theme. Actually the root word from the Greek word 'Drama' doesn't mean crying, in tears, or melancholia. The word is never even equated to tragedy. The root word means "action". Just 'action'. So it's really far from the iyakan type. Maybe drama just means 'excellence of actions'. And we've just misunderstood it all our lives.
Anyway, I think we must remember that love is an activity that comes from the heart. If comedy struck something in the woman’s brain, then that’s just taking the long way to win her heart when scientifically we all know that the shortest distance between two points is a straight line. So why not go straight to her heart instead? Therefore drama is more effective to win her for it strikes the very core of the inner chambers of her heart. And that’s bulls eye if you know what I'm talking about.
For me I think the best is when you know how to balance the two but you don't get stereotyped to either of the two. Maybe I guess really it's all a matter of balancing the two ancient Greek muses Thalia and Melpomene so to speak. But if you'd ask me? to choose between the two? Even though I love laughing? I'd gear more on the drama side. Because it makes me not forget reality. I dunno just thinking.
Here's the case.
Remember the Beer Wars? I think this happened in the 90s? This is the case for that. Listen closely.
Remember the Beer Wars? I think this happened in the 90s? This is the case for that. Listen closely.
In 1988, San Miguel Corporation filed a complaint against Asia Brewery Inc. for INFRINGEMENT OF TRADEMARK and UNFAIR COMPETITION through CONFUSING SIMILARITY on account of Asia Brewery's Beer Pale Pilsen which they call Beer Na Beer. (Well I think there's nothin' wrong with that, the company decided to compete, this is a free world) So this is the product which has been competing with the former’s San Miguel Pale Pilsen for a share of the local beer market. So it's San Miguel Pale Pilsen vs. Beer Na Beer.
I couldn't really distinguish when it comes to taste and I'm probably not a good judge for it since bata pa ako nung nagaaway sila eh, bawal pa ako humawak ng bote, and I think Beer na Beer now is already defunct..
I couldn't really distinguish when it comes to taste and I'm probably not a good judge for it since bata pa ako nung nagaaway sila eh, bawal pa ako humawak ng bote, and I think Beer na Beer now is already defunct..
So the case was filed right? And the trial court ruled in favor of Asia Brewery. The appellate court, however, overturned the trial court’s ruling deciding therefore in favor of San Miguel Corp.
So naturally through Rule 45 of the Rules of Court Asia Brewery appealed by Certiorari.
ISSUE:
Is Asia Brewery guilty of unfair competition, arising from the allegedly “confusing similarity” in the general appearance of ABI’s Beer Pale Pilsen against SMC’s San Miguel Pale Pilsen?
RULING:
The answer is No.
1. Court said the dominant feature of SMC’s trademark is “San Miguel Pale Pilsen” while ABI’s is “Beer Pale Pilsen”. The word “Beer” does not appear in SMC’s product, nor the words “San Miguel” appear in ABI’s product.
1. Court said the dominant feature of SMC’s trademark is “San Miguel Pale Pilsen” while ABI’s is “Beer Pale Pilsen”. The word “Beer” does not appear in SMC’s product, nor the words “San Miguel” appear in ABI’s product.
2. Neither the sound, spelling or appearance can Beer Pale Pilsen be said to be confusingly similar to San Miguel Pale Pilsen.
3. San Miguel does not have exclusive rights to the generic or descriptive words “pale” and “pilsen”. Neither does it have the exclusive right to use 320 ml. steinie bottle with white rectangular label.
Ouch..
Ouch..
Court said the amber color is a functional feature of the beer bottle as the color prevents the transmission of light and provides the maximum protection to beer.
So there's scientific basis to it... Ganda nun ah..
The bottle capacity is the standard prescribed by the Metric System Board of the Department of Trade.
The white label is the most economical to use and presents the strongest contrast to the bottle. San Miguel cannot claim monopoly to such features as the protection provided by law is confined to non-functional features.
4. Further, Beer Pale Pilsen is not being passed off as San Miguel Beer Pale Pilsen.
Onga naman.. nakakita na ako ng bote nun eh..
Onga naman.. nakakita na ako ng bote nun eh..
It does not result to confusion inasmuch as beer is ordered by brand, and is not taken freely from supermarket shelves.
The points of dissimilarity of the products outnumber their points of similarity.
The appellate court is correct in its finding that Asia Brewery does not infringe upon SMC’s trademark nor does it commit unfair competition.
I Think the court like the McDonald's case again used the DOMINANCY TEST here instead of the HOLISTIC TEST.
I Think the court like the McDonald's case again used the DOMINANCY TEST here instead of the HOLISTIC TEST.
So assailed CA decision was affirmed and Asia Brewery wins this case.
Question: Asan na ngayon yung Beer na Beer Pale Pilsen? Gusto ko matikman.
Question: Asan na ngayon yung Beer na Beer Pale Pilsen? Gusto ko matikman.
