DEL MONTE vs. CA

This is a case wherein the Supreme Court used the Holistic Test, but instead arrived at using the DOMINANCY TEST. (Lol)

Let's talk catsup. You know Del Monte? the famous catsup? I'm not sure about Jollibee, but this is the brand Mc Donald's uses in their burgers. I think Del Monte Foods Corporation is the carrier mother company having their main headquarters in Walnut Creek, California USA. So it's a 'state side' thingie so to speak right?, a catsup purely made out of hi-grade tomatoes.

Although we have our own Pinoy catsup here, (I dunno if Jollibee uses it.. I don't think so) the one that cater mostly to our own taste buds. UFC? Papa Catsup? Don't.. bash it. Because it's not made out of tomatoes, therefore there's no basis for taste comparisons okay? because it's made out of bananas actually. I like the taste of banana catsup on my chicken and eggs, but when it comes to burgers and beef, the taste of tomato catsup is so much better. Tomatoes are vegetables and bananas are fruits, so then of course it follows that UFC is therefore a fruit catsup. Which is more like the product of  Del Monte's adverse party here.

No not UFC. Although UFC PAPA Ketchup was also once involved in an infringement case where it sued Barrio Fiesta's PAPA Boy Lechon Sauce and won the case but that's a different story. That was catsup vs. lechon sauce (getting hungry here) where the mere issue was the use of the word "Papa". Whereas here in the case at bar it's tomato  vs. banana but the content of the product was immaterial. The issue here started from unrightful usage of bottle containers which ended up in CONFUSINGLY SIMILAR contentions, kase nakita nila halos pareho na, which we will discuss shortly. I know, now were really goin' bananas.. I hope you can still follow.

To give you a little bit of history you see banana ketchup was made when there was a shortage of tomato ketchup during World War II, due to lack of tomatoes and a comparatively high production of bananas. So.. Filipino ingenuity comes in right? lest we forget 'Necessity is the mother of all inventions'.

But that's then, now we comparatively have sufficient produce of tomatoes. So that explains us having a Del Monte local manufacturing unit here we call Del Monte Philippines although I'm not sure if this is the same Philippine Packing Corporation mentioned in this case. I think PHILPACK is the one who canned pineapples for Del Monte, as well as the bottling for their catsup I guess. Well it's up to you to do some clickings and find out for your selves.

Here's the case. So DEL MONTE as we have quite established, granted PHILIPPINE PACKING CORP. (PhilPack) the right to manufacture, distribute and sell in the Philippine various products under the Del Monte trademark and logo. Alright?

So Del Monte was able to acquire certificate of registration for its marks “Del Monte” and its logo; besides the Del Monte catsup bottle configuration.

Here comes the culprit..

Now years later, SUNSHINE SAUCE MANUFACTURING acquired certificate of registration for the logo of its SUNSHINE FRUIT CATSUP.

Here's the thing. Sunshine’s product is contained in various bottles, including Del Monte bottles. 

So.. dig that.

Having received reports that Sunshine was using its exclusively designed bottles and a logo confusingly similar to Del Monte’s,  PHILPACK warned Sunshine to desist from doing so.

SUNSHINE ignored, therefore PHILPACK and DEL MONTE sued. Okay?

Now.. The trial court ruled in favor of SUNSHINE.

(haha! I'm reminded of a good friend in school her name's Sunshine, LOL. Such a nice fine lady, always willing to assist and keep you in track with the lessons)

The Court of Appeals AFFIRMED the decision.  (Way to go Shine!! :) 

Hence, the petition for Certiorari under Rule 45.

ISSUE: 

Is the Sunshine label a COLORABLE IMITATION of the Del Monte trademark?

RULING: 

Court said YES.

The PREDOMINANT COLORS USED IN BOTH LABELS ARE THE SAME, green and red orange. 

The word “catsup” in both bottles is printed in white and the PRINT/LETTER STYLE IS THE SAME.

There you go..

Although the logo of Sunshine is not a tomato, BUT.. it approximates that of a tomato. 

(I wonder how it looks. 'Never thought there's such a way for a banana to make it look like a tomato.. possibilities are endless in art indeed)

Now listen to this.. the court had let us in to a usual practice..

Court said: The person who infringes a trademark DOES NOT NORMALLY COPY OUT BUT ONLY MAKES COLORABLE CHANGES, EMPLOYING ENOUGH POINTS OF SIMILARITY TO CONFUSE THE PUBLIC and enough points of differences to confuse the courts.

When a manufacturer prepares to package his product, HE HAS BEFORE HIM A BOUNDLESS CHOICE OF WORDS, PHRASES, COLOR AND SYMBOLS sufficient to distinguish his product from others. When SUNSHINE chose, without reasonable explanation, to use the same colors and letters as used by DEL MONTE, when the field of selection is so broad, the inevitable conclusion is that IT WAS DONE DELIBERATELY TO DECEIVE. 

Here's what gave it..

Furthermore, despite the many choices available to it, Sunshine OPTED TO USE DEL MONTE’S BOTTLE TO MARKET A PRODUCT which PhilPack also produces, notwithstanding the caution “DEL MONTE CORPORATION, NOT TO BE REFILLED.” 

This shows Sunshine’s BAD FAITH and its intention to CAPITALIZE ON THE REPUTATION of Del Monte, and pass off its product as that of the latter.

So in effect the SC reversed both decisions of the lower courts and Del Monte won this case.