Connect with us

Hi, what are you looking for?

News

Tanduay Distillers ordered to stop using ‘Ginebra’

PH.TANDUAY.COM

THE Supreme Court has ordered Tanduay Distillers, Inc. (TDI) to stop using the word “Ginebra” in its gin products as it upheld Ginebra San Miguel, Inc.’s (GSMI) trademark over the term.

In a 92-page ruling dated Aug. 9 last year and made public on March 14, the tribunal said TDI committed trademark infringement against GSMI when it used the word “Ginebra” in its “Ginebra Kapitan” gin product.

“Thus, an ordinary purchaser, even one accustomed to drinking gin, may likely be confused into buying a ‘Ginebra Kapitan’ thinking it is·a ‘Ginebra’ product of GSMI,” Chief Justice Alexander G. Gesmundo said in the ruling.

The decision also cited the “element of likelihood of confusion, which is the gravamen of trademark infringement.”

The High Court ordered TDI to pay temperate damages of P300,000 and lawyer fees worth P200,000 to GSMI.

In 2003, GSMI applied for a trademark registration of “Ginebra” for its gin products and has been provided the preferential right to use the term for its business, the court noted.

That same year, a Mandaluyong regional trial court imposed an injunction and fines on TDI for using the term in its “Ginebra Kapitan” gin product.

The Court of Appeals upheld the ruling as it said GSMI sufficiently proved that it had used the term over a long period of time and that the term “Ginebra” is associated with the firm’s gin products.

The appellate court then reversed its decision as it agreed with TDI’s argument that the term “Ginebra” was a Spanish word for gin and is a generic term under trademark law.

The SC also ordered the director of the Bureau of Trademarks to reinstate GSMI’s trademark on the term.

“While TDI is still free to produce and promote any of its gin products, it is prohibited from adapting and utilizing the distinct mark ‘Ginebra,’ which rightfully belongs to GSMI, in any part of its labels, signs, products, goods, or services,” it ruled. — John Victor D. Ordoñez

Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!

Latest

News

The Independent Electricity Market Operator of the Philippines (IEMOP) is holding a big conference, the Philippine Electric Power Industry Forum (PEPIF) 2023, with the...

News

TIM MOSSHOLDER-UNSPLASH TECHNOLOGY is moving at lightning speed. In my lifetime alone, the world as we know it has orbited into a completely different...

News

A man wearing a protective mask is reflected on an electronic board displaying various companies’ stock prices outside a brokerage in Tokyo, Japan, Feb....

News

KREMLIN.RU/EVENTS/PRESIDENT/NEWS/60363/PHOTOS-COMMONS.WIKIMEDIA.ORG SEOUL — North Korean leader Kim Jong Un has overseen drills simulating a nuclear counterattack against the US and South Korea in a...

News

RAGHAVENDRA V KONKATHI-UNSPLASH LONDON — Some of the world’s leading makers of flu vaccines say they could make hundreds of millions of bird flu...

News

BW FILE PHOTO Productivity and customer experience management tools are the most sought-after tools among companies in the Philippines, with businesses of all sizes...

You May Also Like

News

COVID-19 has had a significant impact on the mental health of Filipinos across different groups all over the archipelago. From frontline workers, parents balancing...

News

REUTERS By Luz Wendy T. Noble, Reporter The country’s foreign exchange buffers slightly increased as of end-October as the value of the central bank’s...

News

BW FILE PHOTO GROSS BORROWINGS by the National Government reached P2.6 trillion as of end-September as it continued to raise funds to respond to...

News

KARASOLAR.COM TENA, Ecuador — Ecuador’s rainforest Achuar people say their ancestors long dreamed of a “fire canoe” or “electric fish” that would let them...

Disclaimer: Respect Investment.com, its managers, its employees, and assigns (collectively "The Company") do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

Copyright © 2022 Respect Investment. All Rights Reserved.