Facts:
Petitioner
is doing business under the name of KEC Cosmetics Laboratory and is the
registered owner of copyright Chin Chun Su and Oval Facial Cream Container with
a patent right on Chin Chun Su & Device and Chin Chun Su for medicated
cream after purchasing the same from Quintin Cheng, a registered owner in
Supplemental Register of the Philippine Patent Office. It alleges that respondent
Summerville advertised and sold the petitioner’s cream products under the brand
name Chin Chun Su using similar container that the petitioner used thereby
misleading the public and depriving the petitioner of business sales and
income. It enjoins the respondent from allegedly infringing its copyright and
patent right over the same product. In defense respondent claims to be the
exclusive and authorized importer, re-packer and distributor of the Chin Chun
Su product manufactured by Shun Yi Factory in Taiwan authorizing Summerville to
register its trade name Chin Chun Su Medicated Cream with the Philippine Patent
Office. It also points out that the assignee of the patent registration
certification in the Philippines ,
Quintin Cheng, has already been terminated by the said Taiwanese Manufacturing
Company. Trial court granted the injunction in favor of the petitioner. On
appeal, respondent prays for the nullification of the writ of preliminary
injunction which was set aside by the Court of Appeals on the account that the
registration of the trademark Chin Chun Su by KEC with the supplemental
register of the Bureau of Patents, Trademarks and Technology Transfer cannot be
equated with registration in the principal register duly protected by the
Trademark law.
