I.Protect: Royal vs. Crown

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Thursday, December 12, 2013


Clint Fabiosa & Ana Liza Villamor

SUMMERVILLE is the owner of the “Royal” trademark used on playing cards and on their plastic containers. On the other hand, Arotech is the owner of the “Crown” trademark also for playing cards. Through Summervile’s application, search warrants were implemented on Arotech and several boxes of playing cards were seized from the latter.

The seized playing cards bore Arotech’s “Crown” trademark but were placed inside plastic containers bearing the “Royal” trademark. Summerville argues that by placing its “Crown” playing cards inside “Royal” plastic containers, Arotech is infringing on the “Royal” trademark as Arotech is making it appear that the playing cards it is selling are “Royal” playing cards. The Court ordered the return of the “Crown” playing cards saying that the same are not infringing on the “Royal” trademark. What maybe considered infringing were the plastic containers which bore the “Royal” trademark – but not the “Crown” playing cards inside the said “Royal” plastic containers.

(Summerville vs. CA, GR No. 158767, June 26, 2007)

Published in the Sun.Star Cebu newspaper on December 13, 2013.

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