| Pagasa Industrial v. Court of Appeals
204 Phil. 162
(1982)
“It appears that it was only after more than seven
(7) years when respondent sought the cancellation of the trademark.
An unreasonable length of time had already passed before respondent
asserted its right to the trademark. There is a presumption
of neglect already amounting to "abandonment" of
a right after a party had remained silent for quite a long
time during which petitioner Pagasa Industrial Corporation
had been openly using the trademark in question. Such inaction
on the part of respondent entitles petitioner to the equitable
principle of laches (Section 9-A of the Trademark Law, as
amended).”
[Dissent of J. Aquino which was upheld in Pagasa Industrial
v. Court of Appeals, GR L-54158, Aug. 31, 1984]
“Pagasa Industrial Corporation cannot invoke the defense
of estoppel by laches, an equitable doctrine, because it acted
in bad faith in registering its trademark "YKK"
in l967. He who comes into equity must come with clean hands.
Pagasa acted in bad faith because it had prior knowledge that
the trademark "YKK" had already been appropriated
by Yoshida Kogyo Kabushiki Kaisha. That trademark "YKK"
is in fact an acronym of Yoshida Kogyo Kabushiki Kaisha (YKKK),
a multinational Japanese corporation, one of the biggest zipper
manufacturers in the world.” |