I.Protect: Fiesta vs. Pista-A A +A
Thursday, September 26, 2013
Clint Fabiosa & Ana Liza Villamor
IN A decision dated September 10, 2013, the Director General of the Intellectual Property Office held CDO liable for unfair competition since its “PISTA” packaging for its Christmas ham shows substantial similarities with Purefoods’ “FIESTA” ham packaging. It was found that both CDO and Purefoods use paper bags with green and red as main colors and the picture of a partly-sliced ham and fruits in the packaging of their products. CDO was ruled to be giving its ham products the general appearance that would likely influence purchasers to believe that these products are similar with those of Purefoods’. In addition, CDO has since packaged its ham in paper bags with dimensions and colors that were confusingly similar to Purefoods. These acts of CDO were held to deceive the public and defraud Purefoods of the latter’s legitimate trade.
Published in the Sun.Star Cebu newspaper on September 27, 2013.