![]() ![]() But in the same year, Foodsphere launched its "Christmas Ham with Taste" campaign featuring a similar picture. The ham is being sliced with a knife and the other portion, held in place by a serving fork. In 2008, SMPFCI launched its "Dapat ganito ka-espesyal" campaign, utilizing the promotional material showing a picture of a whole meat ham served on a plate with fresh fruits on the side. Sometime in 2006, however, Foodsphere introduced its "PISTA" ham and aggressively promoted it in 2007, claiming the same to be the real premium ham. Notwithstanding such tremendous goodwill already earned by its mark, SMPFCI continues to invest considerable resources to promote the FIESTA ham, amounting to no less than P3,678,407.95. Its registered "FIESTA" mark has acquired goodwill to mean sumptuous ham of great taste, superior quality, and food safety, and its trade dress "FIESTA", combined with a figure of a partly sliced ham served on a plate with fruits on the side had likewise earned goodwill. ![]() In its complaint, SMPFCI alleged that its "FIESTA" ham, first introduced in 1980, has been sold in countless supermarkets in the country with an average annual sales of P10,791,537.25 and is, therefore, a popular fixture in dining tables during the Christmas season. 8293, otherwise known as the Intellectual Property Code ( IP Code), for using, in commerce, a colorable imitation of its registered trademark in connection with the sale, offering for sale, and advertising of goods that are confusingly similar to that of its registered trademark. On November 4, 2010, SMPFCI filed a Complaint 3 for trademark infringement and unfair competition with prayer for preliminary injunction and temporary restraining order against Foodsphere before the Bureau of Legal Affairs ( BLA) of the Intellectual Property Office ( IPO) pursuant to Sections 155 and 168 of Republic Act ( R.A.) No. products ( Foodsphere) bear the "CDO" brand. The parties herein are both engaged in the business of the manufacture, sale, and distribution of food products, with SMPFCI owning the trademark "PUREFOODS FIESTA HAM" while Foodsphere, Inc. 217788, Foodsphere, Inc., via a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeks to reverse and set aside the same SeptemDecision and ApResolution of the CA declaring it guilty of unfair competition and holding it liable for damages. 131945, but only insofar as the same resolved to delete from the body of its Decision 2 dated Septemthe award of exemplary damages. 217781, filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, questioning the Resolution 1 dated Apof the Court of Appeals (CA), Former Fourteenth Division, in CA-G.R. On the one hand, San Miguel Pure Foods Company, Inc. ![]() ![]() Before the Court are the consolidated cases of G.R. ![]()
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