"Talent alone cannot make a writer. There must be a man behind the book"
-Ralph Waldo Emerson
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| Mr. Toribio Teodoro (Courtesy of Philippine Shocking History) (anu ba yung buhok ni Mr. Toribio?.. shocking ;p) |
I've learned that from my grandfather. Of course that's ahm.. the province were talkin about, at summer vacation when we were kids. He loved taking walks. Not to mention the time when people were what they really were, never any ill-intent even in the wee hours of the night. Unlike today when crimes proliferate.
It's all about that man's compelling shadow against the moon that's what they say, that masculine penumbra. A real man thinks.. ponders.. life is like chess moves. It's always touch move. But to the thinking man.. he always retrace back his steps.. the errors he's committed, because he knows there is no better way to move forward.
Sometimes I don’t understand children. You ask them what piece they want to play and almost uniformly they choose the white piece. There’s a beauty in handling the black piece. All you need to do is defend and defend until you reach that point where your defense becomes an attack. Interesting right? The black piece has a built-in challenge, a challenge for you to rise above everything.
People don’t realize the chess game is actually a battle of two kingdoms in a form of a siege. It’s the black that raises their draw bridge and it’s the white that draws their catapults. So what do you do when you are under siege? When your enemy is ready to cut your food and water supply? You have to act quickly while there’s enough storage, or your army will soon fail for lack of sustenance. But not too quick, remember you have the upper hand, you occupy a higher ground, you can see everything from where you stand, every slight movement on the ground. Your archers have the trajectory advantage. You act quick, but not too quick for in your quickness you have to wait. You wait for what? You wait for your opponent to commit a mistake.
That’s the beauty of playing the black piece, it builds patience. And reality reveals in a hundred different chess moves, it is impossible not commit a single mistake. And so you rely on your opponent’s error. A mistake you patiently await even all throughout the game just in case your long learned well established strategies of old had proved to be lacking in order to out-wit him. It all boils down to your manner of reading. If you don’t know how to read her mistakes as the white queen attacks, you’ll end up a defeated black king and a conquered kingdom.
Honesty is not weakness. You can read better than that. Or maybe learn back the basics. The basics of my grandfather, a virtuous honest man.
Well whatever it takes, I guess we just have to do our manly midnight walks in safety and with-in the bounds of our back or front yard for all I care. As long as we thinking men get our paths straightened and regain our focus. There is no better silent teacher than solitude.
This is trademark infringement. Here's the case..
Respondent TORIBIO TEODORO, at first in partnership with JUAN KATINDIG and later as sole proprietor, has continuously used "ANG TIBAY," both as a trade-mark and as a trade-name, in the manufacture and sale of slippers, shoes, and indoor baseballs since 1910.
He formally registered it as trade-mark and as trade-name. The growth of his business is a thrilling epic of Filipino industry and business capacity. Starting in an obscure shop in 1910 with a modest capital of P210 but with tireless industry and unlimited perseverance it grew into one of the early 100% Filipino owned firms.
wow.. hats off to the Filipino ingenuity..
Petitioner ANA ANG registered the same trade-mark "Ang Tibay" for pants and shirts on 1932, and established a factory for the manufacture of said articles in the year 1937.
Good thinking. Very apt you know?.. apelyido nya 'ANG', and just insert 'TIBAY' as kind of suffix and.. it says it all. The problem is may nauna ng nagregister before her.. and I don't think she's unaware of it.. the product was well known all over Philippine islands in those days...
So parang sinabi nya lang kay Mr. Teodoro... "Ako ang talagang may karapatang gumamit ng 'ANG TIBAY' e ang pangalan ko 'Ang' eh 'Ang' ba pangalan mo? your last name starts with T pero 'Teodoro' naman di naman 'Tibay" LOL (joke lang ah don't quote me on that)...
ANG was sued by TEODORO for trademark infringement.
TRIAL COURT FAVORED ANG
The trial court absolved the defendant from the complaint, with costs against the plaintiff, on the grounds that 1. the two trademarks are dissimilar and are used on different and non-competing goods 2. that there had been no exclusive use of the trade-mark by the plaintiff; and 3. that there had been no fraud in the use of the said trade-mark by the defendant because the goods on which it is used are essentially different from those of the plaintiff.
CA REVERSED
The Court of Appeals, however reversed that judgment, holding that BY UNINTERRUPTED AND EXCLUSIVE USE SINCE 1910 in the manufacture of slippers and shoes, RESPONDENT'S TRADE-MARK HAS ACQUIRED A SECONDARY MEANING; that the goods or articles on which the two trade-marks are used are similar or belong to the same class; and that the use by petitioner of said trade-mark constitutes a violation of sections 3 and 7 of Act No. 666. The defendant Director of Commerce did not appeal from the decision of the Court of Appeals.
ISSUE:
Is the subsequent registration of existing trade name registrable due to its difference and non-competing products?
RULING:
The court said..
In the present state of development of the law on Trade-Marks, Unfair Competition, and Unfair Trading, THE TEST EMPLOYED BY THE COURTS TO DETERMINE WHETHER NONCOMPETING GOODS ARE OR ARE NOT OF THE SAME CLASS IS CONFUSION AS TO THE ORIGIN OF THE GOODS OF THE SECOND USER.
Although two noncompeting articles may be classified under two different classes by the Patent Office because they are deemed not to possess the same descriptive properties, THEY WOULD, NEVERTHELESS, BE HELD BY THE COURTS TO BELONG TO THE SAME CLASS IF THE SIMULTANEOUS USE ON THEM OF IDENTICAL OR CLOSELY SIMILAR TRADE-MARKS WOULD BE LIKELY TO CAUSE CONFUSION AS TO THE ORIGIN, OR PERSONAL SOURCE, OF THE SECOND USER'S GOODS.
They would be considered as NOT FALLING UNDER THE SAME CLASS ONLY IF THEY ARE SO DISSIMILAR OR SO FOREIGN TO EACH OTHER AS TO MAKE IT UNLIKELY THAT THE PURCHASER WOULD THINK THE FIRST USER MADE THE SECOND USER'S GOODS.
Such construction of the law is induced by cogent reasons of equity and fair dealing. The COURTS HAVE COME TO REALIZE THAT THERE CAN BE UNFAIR COMPETITION OR UNFAIR TRADING EVEN IF THE GOODS ARE NON-COMPETING, AND THAT SUCH UNFAIR TRADING CAN CAUSE INJURY OR DAMAGE TO THE FIRST USER OF A GIVEN TRADE-MARK, FIRST, BY PREVENTION OF THE NATURAL EXPANSION OF HIS BUSINESS AND, SECOND, BY HAVING HIS BUSINESS REPUTATION CONFUSED WITH AND PUT AT THE MERCY OF THE SECOND USER.
The original owner is entitled to the preservation of the valuable link between him and the public that has been created by his ingenuity and the merit of his wares or services. Experience has demonstrated that WHEN A WELL-KNOWN TRADE-MARK IS ADOPTED BY ANOTHER EVEN FOR A TOTALLY DIFFERENT CLASS OF GOODS, IT IS DONE TO GET THE BENEFIT OF THE REPUTATION AND ADVERTISEMENTS OF THE ORIGINATOR OF SAID MARK, TO CONVEY TO THE PUBLIC A FALSE IMPRESSION OF SOME SUPPOSED CONNECTION BETWEEN THE MANUFACTURER OF THE ARTICLE SOLD UNDER THE ORIGINAL MARK AND THE NEW ARTICLES BEING TENDERED TO THE PUBLIC UNDER THE SAME OR SIMILAR MARK.
In the case at bar, petitioner seems to make a frantic effort to retain the use of the mark "Ang Tibay." Her counsel suggests that instead of enjoining her from using it, she may be required to state in her labels affixed to her products the inscription: "NOT MANUFACTURED BY TORIBIO TEODORO."
Ahm.. "With your permission your honors we suggest to the honorable court that instead of enjoining petitioner from its use that she may be required for the least to affix distinguishing marks inscribed in her labels in fine prints the words "NOT MANUFACTURED BY TORIBIO TEODORO." anu daw? whatdu fuck..
ehehe.. real funny.. imagine that label carrying your competitor's name plastered on all your products?... well If I'm Mr. Toribio I'd have no qualms with that I'd opt to tolerate it... negative publicity is still publicity... let's see the response of the court...
We think SUCH PRACTICE WOULD BE UNETHICAL AND UNWORTHY OF A REPUTABLE BUSINESSMAN. To the suggestion of petitioner, respondent may say, not without justice though with a tinge of bitterness: "Why offer a perpetual apology or explanation as to the origin of your products in order to use my trade-mark instead of creating one of your own?" On our part may we add, without meaning to be harsh, THAT A SELF-RESPECTING PERSON DOES NOT REMAIN IN THE SHELTER OF ANOTHER BUT BUILDS ONE OF HIS OWN.
The judgment of the Court of Appeals was affirmed.
Mr. Toribio Teodoro wins this case.
