Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
246 CORPORATION VS. DAWAY
G.R. No. 157216, November 20, 2003
FACTS:
Montres Rolex S.A. and Rolex Centre Phil., Limited, owners/proprietors of Rolex and Crown Device, filed against petitioner 246 Corporation the instant suit for trademark infringement and damages with prayer for the issuance of a restraining order or writ of preliminary injunction.
Respondents alleged that sometime in July 1996, petitioner adopted and, since then, has been using without authority the mark "Rolex" in its business name "Rolex Music Lounge" as well as in its newspaper advertisements as – "Rolex Music Lounge, KTV, Disco & Party Club."
Petitioner argued that respondents have no cause of action because no trademark infringement exist; that no confusion would arise from the use by petitioner of the mark "Rolex" considering that its entertainment business is totally unrelated to the items catered by respondents such as watches, clocks, bracelets and parts thereof. It also contended that the complaint was not properly verified and certified against forum shopping considering that Atty. Alonzo Ancheta, the counsel of record of respondents who signed the verification and certification, was not authorized to represent respondents.
In 2000, 246 Corp. filed a motion for preliminary hearing on its affirmative defense; which the court thereafter issued a subpoena ad testificandum to Atty. Atienza. Montres Rolex opposed, and the trial court quashed the subpoena.
246 corp. filed a petition for certiorari before the Court of Appeals, which was dismissed. Hence, the petition for review on certiorari.
ISSUES:
1. Whether or not the junior use of a registered mark on entirely different goods subsists.
2. Whether or not the Court of Appeals committed grave abuse of discretion in dismissing the petition.
HELD:
The rule, that there is no infringement in the use of a ‘junior user of the registered mark on the entirely different goods, has been modified by Section 123.1 (f) of Republic Act No. 8293 (Intellectual Property code). His use is precluded when that the mark is well known internationally and in the Philippines, the use of the mark would indicate a connection or relationship between the user and the registrant, and that the interests of the well-known mark are likely to be damaged. The court however cannot resolve the merits considering the facts as to the existence/absence of the requisites should be addressed in a full- blown hearing and not on a mere preliminary hearing.
Considering that the trial court correctly denied petitioner’s motion for preliminary hearing on its affirmative defenses with motion to dismiss, there exists no reason to compel Atty. Ancheta to testify. Hence, no abuse of discretion was committed by the trial court in quashing the subpoena ad testificandum issued against Atty. Ancheta. Grave abuse of discretion implies such capricious and whimsical exercise of judgment as equivalent to lack of jurisdiction, or, in other words, where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. None of these was committed by the trial court; hence, the Court of Appeals correctly dismissed the petition.
FACTS:
Montres Rolex S.A. and Rolex Centre Phil., Limited, owners/proprietors of Rolex and Crown Device, filed against petitioner 246 Corporation the instant suit for trademark infringement and damages with prayer for the issuance of a restraining order or writ of preliminary injunction.
Respondents alleged that sometime in July 1996, petitioner adopted and, since then, has been using without authority the mark "Rolex" in its business name "Rolex Music Lounge" as well as in its newspaper advertisements as – "Rolex Music Lounge, KTV, Disco & Party Club."
Petitioner argued that respondents have no cause of action because no trademark infringement exist; that no confusion would arise from the use by petitioner of the mark "Rolex" considering that its entertainment business is totally unrelated to the items catered by respondents such as watches, clocks, bracelets and parts thereof. It also contended that the complaint was not properly verified and certified against forum shopping considering that Atty. Alonzo Ancheta, the counsel of record of respondents who signed the verification and certification, was not authorized to represent respondents.
In 2000, 246 Corp. filed a motion for preliminary hearing on its affirmative defense; which the court thereafter issued a subpoena ad testificandum to Atty. Atienza. Montres Rolex opposed, and the trial court quashed the subpoena.
246 corp. filed a petition for certiorari before the Court of Appeals, which was dismissed. Hence, the petition for review on certiorari.
ISSUES:
1. Whether or not the junior use of a registered mark on entirely different goods subsists.
2. Whether or not the Court of Appeals committed grave abuse of discretion in dismissing the petition.
HELD:
The rule, that there is no infringement in the use of a ‘junior user of the registered mark on the entirely different goods, has been modified by Section 123.1 (f) of Republic Act No. 8293 (Intellectual Property code). His use is precluded when that the mark is well known internationally and in the Philippines, the use of the mark would indicate a connection or relationship between the user and the registrant, and that the interests of the well-known mark are likely to be damaged. The court however cannot resolve the merits considering the facts as to the existence/absence of the requisites should be addressed in a full- blown hearing and not on a mere preliminary hearing.
Considering that the trial court correctly denied petitioner’s motion for preliminary hearing on its affirmative defenses with motion to dismiss, there exists no reason to compel Atty. Ancheta to testify. Hence, no abuse of discretion was committed by the trial court in quashing the subpoena ad testificandum issued against Atty. Ancheta. Grave abuse of discretion implies such capricious and whimsical exercise of judgment as equivalent to lack of jurisdiction, or, in other words, where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. None of these was committed by the trial court; hence, the Court of Appeals correctly dismissed the petition.