Unfair Competition: Protecting Businesses from Deceptive Practices

AT A GLANCE

Unfair competition has been defined as the passing off (or palming off) or attempting to pass off upon the public the goods or business of one person as the goods or business of another with the end and probable effect of deceiving the public. (Coca-Cola Bottlers, Phils., Inc. v. Gomez, G.R. No. 154491, November 14, 2008)

What is Unfair Competition?

In Coca-Cola Bottlers, Phils., Inc. v. Gomez, G.R. No. 154491, November 14, 2008, unfair competition has been defined as the passing off (or palming off) or attempting to pass off upon the public the goods or business of one person as the goods or business of another with the end and probable effect of deceiving the public.

Similarly, in Ginebra San Miguel, Inc. v. Director of the Bureau of Trademarks,  G.R. Nos. 196372, 210224, 216104 & 219632, August 09, 2022, the Supreme Court held that the passing off (or palming off) takes place where the defendant, by imitative devices on the general appearance of the goods, misleads prospective purchasers into buying his merchandise under the impression that they are buying that of his competitors. Thus, the defendant gives his goods the general appearance of the goods of his competitor with the intention of deceiving the public that the goods are those of his competitor. 

Who has the right to file a claim?

Under Section 168.1 of the Intellectual Property Code of the Philippines provides that a person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or services so identified, which will be protected in the same manner as other property rights.

Why choose ALBURO LAW?

At Alburo Alburo and Associates Law Offices, we are committed to helping businesses thrive by providing strategic legal guidance that safeguards operations and supports sustainable business growth.

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