Casestudy Sayamanoliva

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SAYAMAN, PATRICIA V.

Date: 04/17/2023
OLIVA, KYLE ANDREI P. Course/yr&section: BETECET- 3A NS

Case Study 1

Using any search engine find an intellectual property rights infringement case
(preferably cases here in the Philippines). Read the article and using your own words
discuss the infringement case and the legal decision about the dispute. Please include
your references and sources.

Jolliville vs. Jollibee


INFRINGEMENT CASE

The Jolliville vs. Jollibee case in the Philippines was based on the country's Intellectual
Property Code or Republic Act No. 8293.
Republic Act No. 8293 is the law that governs the protection of intellectual property
rights in the Philippines. It covers various forms of intellectual property, including
trademarks, patents, copyrights, and trade secrets.
In the Jolliville vs. Jollibee case, Jolliville Holdings Corporation claimed that Jollibee
Foods Corporation's use of the name "Jollibee" constituted trademark infringement and
unfair competition. The case was heard by the Philippine Intellectual Property Office
(IPO), the Court of Appeals, and the Supreme Court.

The courts evaluated the evidence presented by both sides and examined the
provisions of Republic Act No. 8293 in making their decision. Ultimately, the courts ruled
in favor of Jollibee Foods Corporation, finding that their use of the name "Jollibee" did
not infringe on Jolliville's trademark rights or constitute unfair competition.

The Jolliville vs. Jollibee case is a notable example of a trademark infringement dispute
between two companies with similar names. The case highlights the importance of
protecting one's intellectual property and the potential consequences of failing to do so.

Jolliville Holdings Corporation's decision to file a complaint against Jollibee Foods


Corporation was a bold move, as Jollibee is a well-known and established brand in the
Philippines. However, Jolliville believed that the similarity between the names Jollibee
and Jolliville was likely to cause confusion among consumers and harm Jolliville's
business reputation.

Jollibee Foods Corporation's defense was also strong, as it argued that there was no
likelihood of confusion between the two names, as they were engaged in different lines
of business. Jollibee also claimed that it had established a reputation for its Jollibee
trademark through extensive advertising and promotional activities.
The IPO's decision in favor of Jollibee Foods Corporation was not unexpected, given
the strength of Jollibee's arguments. However, Jolliville's decision to appeal the IPO's
ruling all the way to the Philippine Supreme Court showed its determination to protect its
intellectual property and reputation.

Ultimately, the courts sided with Jollibee Foods Corporation, finding that the use of the
name "Jollibee" did not constitute trademark infringement or unfair competition. This
outcome was a setback for Jolliville, as it had invested time and resources in pursuing
the case.

The Jolliville vs. Jollibee case serves as a cautionary tale for businesses to carefully
choose and protect their trademarks. It also highlights the need for companies to
establish a strong reputation through marketing and promotional activities, as this can
help to protect against claims of trademark infringement or unfair competition.

Overall, the Jolliville vs. Jollibee case study illustrates the importance of proactive
intellectual property management and the potential risks of failing to protect one's brand.

Evidence that Jollibee presented to prove their claim.

In the Jolliville vs. Jollibee case, Jollibee Foods Corporation presented several pieces of
evidence to support their claim that their use of the name "Jollibee" did not constitute
trademark infringement or unfair competition. Some of the evidence they presented
included:
Registration of trademark: Jollibee presented evidence that they had registered the
"Jollibee" trademark with the Intellectual Property Office of the Philippines (IPOPHL)
and had been using it in connection with their food business for many years.
Extensive advertising and promotion: Jollibee presented evidence that they had
invested significant resources in advertising and promoting their brand, which had
helped to establish a strong reputation for their "Jollibee" trademark among consumers
in the Philippines and beyond.
Differentiation in business: Jollibee argued that they were engaged in a different line of
business from Jolliville Holdings Corporation, which operated in the real estate and
property development industry. Jollibee presented evidence that their "Jollibee"
trademark was associated solely with their food business and was not likely to cause
confusion or deceive consumers as to the origin of their products.
Based on the evidence presented, the courts ultimately ruled in favor of Jollibee Foods
Corporation, finding that their use of the name "Jollibee" did not constitute trademark
infringement or unfair competition.
References:

"Jollibee Wins Trademark Case Against Jolliville Holdings." GMA News


Online, 6 Nov. 2015,
https://www.gmanetwork.com/news/money/companies/541787/jollibee-
wins-trademark-case-against-jolliville-holdings/story/.

"Jolliville Holdings Corp. vs. Jollibee Foods Corporation." Supreme Court of


the Philippines, 22 September 2015,
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/sept
ember2015/211498.pdf.

"Republic Act No. 8293." Intellectual Property Office of the Philippines,


https://www.ipophil.gov.ph/laws-and-regulations/republic-act-no-8293/.

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