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 foun...
ASIA BREWERY, INC. VS. COURT OF APPEALS G.R. No. 103543, July 5 1993 FACTS: San Miguel Corporation (SMC) filed a complaint against Asia Brewery Inc. (ABI) for infringement of trademark and unfair competition on account of the latter's BEER PALE PILSEN or BEER NA BEER product which has been competing with SMC's SAN MIGUEL PALE PILSEN. The trial court dismissed the complaint. On appeal, the Court of Appeals reversed the decision of the trial court and found ABI guilty of infringement of trademark and unfair competition. ISSUE: Whether or not Asia Brewery Inc. committed infringement of trademark and unfair competition against San Miguel Corporation. HELD: No infringement. Infringement is determined by the "test of dominancy" rather than by differences or variations in the details of one trademark and of another. If the competing trademark 1) contains the main or essential or dominant features of another, and 2) confusion and deception is likely to ...