FEDERIS To Sponsor INTA Annual Meeting in Orlando, Florida
April 4, 2016 Federis & Associates will be a Housing E-Mail Sponsor of this year’s INTA Annual Meeting. The meeting will be held from May 21 to May 25, 2016 in Orlando, Florida. In conjunction with its sponsorship, the Firm will also be hosting a booth (#1217) at the Exhibition Hall of the Orange County […]
Who Owns A Copyright? IP Bureau Rules Against Creator Of a Copyrightable Work
February 15, 2016 In one of the few copyright infringement decisions to be released recently by the Bureau of Legal Affairs, it held that a company is the author of the work, even if the work was created by an individual (the Complainant) while working for the company (the Respondent Company) under a Consultancy Agreement. […]
Supreme Court Declines to Lift Permanent Injunction Banning the Sale of Zynaps in the Philippines
February 11, 2016 The Supreme Court rejected a request to lift a permanent injunction banning the sale of ZYNAPS, an anti-convulsant drug for epilepsy. In a Petition for Review seeking to set aside a Court of Appeals’ decision permanently enjoining the sale of ZYNAPS, the Supreme Court ruled that the issue has become moot in […]
SEC Cancels Third Party Company Names Using YAHOO and Variations Thereof
December 1, 2015 After a nearly 9-year effort, Yahoo! Inc. has finally prevailed in cancelling corporate names that use YAHOO! and variations thereof in a case filed with the Securities and Exchange Commission (“SEC” or “Commission”). In February 2006, Yahoo! Inc. petitioned the SEC to cancel the corporate names of six (6) corporations on the […]
Tale of Two Restaurants: Appeals Court Rules for First to Use
November 23, 2015 A trademark right acquired through use under the old law is preserved under the first-to-file system of the IP Code. This is the gist of the ruling issued by the Court of Appeals in its decision in Amber’s Best Restaurant & Ihaw-Ihaw, Inc. vs. Amber Golden Plate Restaurant, CA-G.R. Sp. No. 137629. […]
Appeals Court Rebukes Department of Justice for Dismissing Infringement Complaint
November 16, 2015 In what may be seen as a power struggle between the executive and judicial branches of government, the Court of Appeals issued a ten-page scathing decision declaring that the Department of Justice committed grave abuse of discretion in dismissing the trademark infringement complaint involving the HAVAIANAS trademark. The case stemmed from a […]
Inexcusable Neglect: What You Don’t Know Can Hurt You
November 9, 2015 Parties to a case, whether or not represented by counsel, must be proactive in monitoring what is going on at every stage of litigation. One must not simply wait for his lawyer to advise him of the status of his case. The party himself must be diligent in knowing how his case […]
Counterfeit Philip Morris Cigarettes Seized by Philippine Customs Bureau
November 1, 2015 A raid conducted by the Philippine Bureau of Customs on October 15, 2015 resulted in the confiscation of more than 31,000 packs of counterfeit Philip Morris cigarettes. The Customs Bureau’s website confirmed this successful campaign which it initiated after receiving information that counterfeit Philip Morris cigarettes were smuggled into the country. Acting […]
Honda Wins Oppositions but Fails to Enforce Three-Dimensional Marks
October 26, 2015 In one of the few decisions in the Philippines dealing with three-dimensional trademarks, the Bureau of Legal Affairs rejected two applications for three-dimensional trademarks consisting of colored engines. The applications were described as “A Three Dimensional Engine Colored Black, Red, White and Silver” and “A Three Dimensional Engine Colored Yellow, Black and […]
Philippines Takes Step Towards Creating Framework for IP Financing
August 25, 2015 The Intellectual Property Office of the Philippines (IPOPHIL) took the initial step towards promoting the monetization of intellectual property assets in the Philippines. The IPOPHIL, in collaboration with KPMG, held a High-Level Forum on IP Financing last May 15, 2015. The forum was attended by representatives from various government agencies and research […]