I.Protect: Honda Wave

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Thursday, December 19, 2013

Clint Fabiosa & Ana Liza Villamor

HONDA applied for search warrants to seize motorcycles which without its authority bear the model names and/or markings “DS-110,” “DSM-110,” “SUPER WAVE,” “DS-125,” “DSM-125,” “WAVE R,” and “WAVE.” As a result of the raid, 21 motorcycles bearing the model name “WAVE CX 110” were seized. The respondent filed a motion to quash the search warrant arguing that “WAVE CX 110” was not among the model names enumerated in the search warrants.

The court ruled that “WAVE” is the model name of the motorcycles produced by Honda and, therefore, any imitation unit that is in the possession of the respondents and carries the name “WAVE” maybe confiscated under the search warrants — whether some other name or figure is affixed to it or not. The name “WAVE CX 110” is but a species of units under the generic name “WAVE.”

Hence, the search warrant that directs the seizure of “WAVE” logically includes “WAVE CX 110.” (HON NE CHAN vs. HONDA, G.R. No. 172775, December 19, 2007.

(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)

Published in the Sun.Star Cebu newspaper on December 20, 2013.


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