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Gemma Ong A.K.A. Maria Teresa Gemma Catacutan v. People of the Philippines Facts: Gemma Ong was convicted on eptem!er "##$ !% the trial court of Manila for &nfringement under ec. '(( in relation to ec. ')# of *.A. +",$ or the &ntellectual Code. &t was esta!lished as facts that Gemma Ong was engaged in the distri!ution- sal offering for sale of counterfeit Marl!oro cigarretes which caused confusion and decep pu!lic and without permit or authorit% from the Telengtan rothers and o e/clusive manufacturer of Marl!oro cigarette in the Philippines and from Ph Products- &nc. 0PMP&1 which is the registered owner and proprietor of the MA*2 O*O trademar3. The decision of the *TC Manila was affirmed !% the Court of Appeals and he this appeal !% certiorari !% Gemma Ong pra%ing that the decision of *TC and CA !e rev and set aside. &ssue: 4hether or not Gemma Ong- setting aside the issue of alleged mista3en identit% guilt% !e%ond reasona!le dou!t of &nfringement under the &ntellectual Propert% Code. *uling: The upreme Court affirmed the decision of the CA. &n Mc5onald6s Corporation and McGeorge Food &ndustries- &nc. 7. 2.C. ig Ma3 urger- &nc.- upreme Court held: To esta!lish trademar3 infringement- the following elements must !e shown: 0'.1 The validit% of plaintiff6s mar38 0".1 The plaintiff6s ownership of the mar38 and 0$.1 The use of the mar3 or its colora!le imitation !% the alleged infri 9li3elihood of confusion.9 Of these- it is the element of li3elihood of confusion tha gravamen of trademar3 infringement. A mar3 is valid if it is distinctive and not !arred from registration. Once registere the mar3 validit%- !ut also the registrant6s ownership of the mar3 is prima facie pre Anent the element of confusion- !oth the *TC and the CA have correctl% held that the counterfeit cigarettes sei ed from Gemma6s possession were intended to confuse and d the pu!lic as to the origin of the cigarettes intended to !e sold- as the% not onl% ! mar3- !ut the% were also pac3ed almost e/actl% as PMP&6s products. The prosecution was a!le to esta!lish that the trademar3 9Marl!oro9 was not onl% vali !eing neither generic nor descriptive- it was also e/clusivel% owned !% PMP&- as evi !% the certificates of registration issued !% the &ntellectual Propert% Office of th of Trade and &ndustr%.

Gemma Ong v. People

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Gemma Ong A.K.A. Maria Teresa Gemma Catacutan v. People of the Philippines

Facts: Gemma Ong was convicted on September 2003 by the trial court of Manila for Infringement under Sec. 155 in relation to Sec. 170 of R.A. 8293 or the Intellectual Property Code. It was established as facts that Gemma Ong was engaged in the distribution, sale and offering for sale of counterfeit Marlboro cigarretes which caused confusion and deception to public and without permit or authority from the Telengtan Brothers and Sons Inc., the exclusive manufacturer of Marlboro cigarette in the Philippines and from Philip Morris Products, Inc. (PMPI) which is the registered owner and proprietor of the MARLBORO trademark. The decision of the RTC Manila was affirmed by the Court of Appeals and hence this appeal by certiorari by Gemma Ong praying that the decision of RTC and CA be reverse and set aside.

Issue: Whether or not Gemma Ong, setting aside the issue of alleged mistaken identity, is guilty beyond reasonable doubt of Infringement under the Intellectual Property Code.

Ruling: The Supreme Court affirmed the decision of the CA.

In McDonald's Corporation and McGeorge Food Industries, Inc. V. L.C. Big Mak Burger, Inc., Supreme Court held:

To establish trademark infringement, the following elements must be shown:

(1.) The validity of plaintiff's mark;

(2.) The plaintiff's ownership of the mark; and

(3.) The use of the mark or its colorable imitation by the alleged infringer results in "likelihood of confusion." Of these, it is the element of likelihood of confusion that is gravamen of trademark infringement.

A mark is valid if it is distinctive and not barred from registration. Once registered, not only the mark validity, but also the registrant's ownership of the mark is prima facie presumed.

Anent the element of confusion, both the RTC and the CA have correctly held that the counterfeit cigarettes seized from Gemma's possession were intended to confuse and deceive the public as to the origin of the cigarettes intended to be sold, as they not only bore PMPI's mark, but they were also packed almost exactly as PMPI's products.

The prosecution was able to establish that the trademark "Marlboro" was not only valid for being neither generic nor descriptive, it was also exclusively owned by PMPI, as evidenced by the certificates of registration issued by the Intellectual Property Office of the Department of Trade and Industry.