Almirante: In-n-out

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Monday, August 6, 2012

WHAT evidence proves that a trademark is internationally well-known? In the case of SEHWANI, INCORPORATED vs. IN-N-OUT BURGER, INC., G.R. No. 171053, Oct. 15, 2007, the Supreme Court affirmed the decision of the Intellectual Property Office that the trademark “IN-N-OUT” is internationally well-known. The proof on which the IPO based its decision are: “IN-N-OUT” registrations in various countries around the world and its comprehensive advertisements therein, articles about “IN-N-OUT” Burger appearing in magazines, newspapers, and print-out of what appears to be printed representations of its website (www.innout.com), as well as object evidence consisting of videotapes of famous celebrities mentioning IN-N-OUT burgers in the course of their interviews showing a tremendous following among celebrities.

Published in the Sun.Star Cebu newspaper on August 07, 2012.

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