| |
Ang v. Teodoro
[74 Phil 50 (1942)]
(1) In Teodoro Kalaw Ng Khe vs. Lever Brothers Company (G.
R. No. 46817), decided by this Court on April 18, 1941, the
respondent company (plaintiff below) was granted injunctive
relief against the use by the petitioner of the trade-mark
"Lux" and "Lifebuoy" for hair pomade,
they having been originally used by the respondent for soap;
the Court held in effect that although said articles are noncompetitive,
they are similar or belong to the same class. (2) In Lincoln
Motor Co. vs. Lincoln Automobile Co. (44 F. [2d], 812), the
manufacturer of the well-known Lincoln automobile was granted
injunctive relief against the use of the word "Lincoln"
by another company as part of its firm name. (3) The case
of Aunt Jemima Mills Co. vs. Rigney & Co. (247 F., 407),
involved the trade-mark "Aunt Jemima," originally
used on flour, which the defendant attempted to use on syrup,
and there the court held that the goods, though different,
are so related as to fall within the mischief which equity
should prevent. (4) In Tiffany & Co. vs. Tiffany Productions,
Inc. (264 N. Y. S., 459; 23 Trade-mark Reporter, 183), the
plaintiff, a jewelry concern, was granted injunctive relief
against the defendant, a manufacturer of motion pictures,
from using the name "Tiffany." Other famous cases
cited on the margin, wherein the courts granted injunctive
relief, involved the following trade-marks or trade-names.
"Kodak," for cameras and photographic supplies,
against its use for bicycles; 1 "Penslar," for medicines
and toilet articles, against its use for cigars; 2 "Rolls-
Royce," for automobiles, against its use for radio tubes;
3 "Vogue," as the name of a magazine, against its
use for hats; 4 "Kotex," for sanitary napkins, against
the use of "Rotex" for vaginal syringes; 5 "Sun-Maid,"
for raisins, against its use for flour; 6 "Yale,"
for locks and keys, against its use for electric flashlights;
1 and "Waterman," for fountain pens, against its
use for razor blades.
|