G.R. No. 181571

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• There is no question, therefore, that Batistis exerted the effort to make the counterfeit products look genuine to deceive the unwary public into regarding the products as genuine

• Fundador trademark characterized the brandy products manufactured by Pedro Domecq, S.A. of Cadiz, Spain

• was duly registered in the Principal Register of the Philippines Patent Office on July 12, 1968

• registration was renewed

• Allied Domecq Philippines, Inc., a Philippine corporation exclusively authorized6 to distribute Fundador brandy products imported from Spain wholly in finished form,7 initiated this case against Batistis

• National Bureau of Investigation (NBI) conducted a test-buy

• thereby confirmed that he was actively engaged in the manufacture, sale and distribution of counterfeit Fundador brandy products

• The search yielded 20 empty Carlos I bottles, 10 empty bottles of Black Label whiskey, two empty bottles of Johnny Walker Swing, an empty bottle of Remy Martin XO, an empty bottle of Chabot, 241 empty Fundador bottles, 163 boxes of Fundador, a half sack of Fundador plastic caps, two filled bottles of Fundador brandy, and eight cartons of empty Jose Cuervo bottles

• formally charged Batistis in the RTC

• , infringement of trademark and unfair competition

• the RTC found Batistis guilty beyond reasonable doubt of infringement of trademark and unfair competition

• the CA, which, on September 13, 2007, affirmed his conviction for infringement of trademark, but acquitted him of unfair competition

• The petition for review has no merit.

• Article 155 of the Intellectual Property Code identifies the acts constituting infringement of trademark

• Harvey Tan, Operations Manager of Pedro Domecq, S.A. whose task involved the detection of counterfeit products in the Philippines, testified that the seized Fundador brandy, when compared with the genuine product, revealed several characteristics of counterfeiting

• The buying public would be easy to fall for the counterfeit products due to their having been given the appearance of the genuine products

• He thereby infringed the registered Fundador trademark by the colorable imitation of it through applying the dominant features of the trademark on the fake products