Commercial Law, 2018 Bar — Question XV-b

ESSAY

A distinctive-tasting pastillas is well known throughout the country as having been developed within the close-knit women's group in Barangay Ysmael, which is located along a very busy national highway. Its popularity has encouraged the setting up of several shops selling similar delicacies, with the most famous product being the pastillas of “Barangay San Ysmael.” Eventually, the pastillas of Aling Yoling under the brand name “Ysmaellas” began to attract national distinction. Aling Yoling therefore registered it as a copyright with the National Library. Her neighbor, Aling Yasmin, realizing the commercial value of the brand, started using the term “Ysmaellas” for her pastillas but used different colors. Aling Yasmin registered the brand name “Ysmaellas” with the Intellectual Property Office (IPO). (b) Can Aling Yasmin seek injunctive relief against Aling Yoling from using the brand name “Ysmaellas,” the latter relying on the doctrine of “prior use” as evidenced by her prior copyright registration?

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