La Insular v. Yu So
[45 Phil 398 (1923)]

“Seasonable measure must be taken to protect the interests of the person who claims that his trademark has been fraudulently simulated, or who complains of unfair competition. Example: Y, the defendant, had been using a label for cigarettes and selling the cigarettes and selling the cigarettes since 1908. It was only 1920 that complaint was filed. The complaint was properly dismissed.”