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Trademark Dilution

   
 
 

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.

   
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