Decision No. 2008- 0..3

INTELLECTUAL PROPERTYPHILIPPINES

IPV NO. 10-2008-00007For: Trademark Infringementwith Prayer for TemporaryRestraining Order/PreliminaryInjunction

-versus-

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ANCHOR LAND HOLDINGS, INC. }Responden~ }

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LANDCO PACIFIC CORP.,Complainant,

JUDGMENTBASED ON COMPROMISE AGREEMENT

For this Bureau's consideration is the parties' Compromise Agreement filed onMay 12, 2008.

The Compromise Agreement executed by and between Complainant, LANDCOPACIFIC CORPORATION and Respondent ANCHOR LAND HOLDINGS, INC.provides, to wit:

1. The parties agree that this Agreement shall cover the following litigationcases between the parties (the "Subject Litigation'');

a. Trademark Infringement with Prayer for Temporary RestrainingOrder or Preliminary Injunction (IPV 10-2008-00007) with the IntellectualProperty Office of the Department of Trade and Industry; and

b. Violation of Article 188 and 189 of the Revised Penal Code (IS No.08-B- 1911) with the City Prosecution Office, Makati City

2. The parties agree to amicably settle their respective claims in the SubjectLitigation by entering into this Agreement, specifically to terminate, withdrawand dismiss the Subject Litigation and to enable the parties to co-exist andproceed unhampered with their respective businesses.

3. ALHI hereby concedes and relinquishes to LANDCO the use of thedisputed name "TRIBECA" and in furtherance of such undertaking, ALHI here~~IVundertakes to discontinue the use of the name "TRIBECA" and adopt the ne7 1

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Republic of the PbilippinesINTELLECTUAL PROPERTY OFFICE

351 Sen. Gil Puyat Ave., Makati City 1200 Philippines· www.ipophil.gov.phTelephone: +632-7525450 to 65 • Facsimile: +632-8904862 • email : mail@ipophil.gov.ph

name "SOLEMARE PARKSUITES" to replace its project known as "TRIBECAPARKSUITES". For this purpose, ALHI shall issue a press release within one (1)month from signing of this Agreement announcing such change of the name.

4. Subsequent the signing of this Agreement, ALHI hereby undertakes toremove the name "TRIBECA" in all its documents, signages, communication andadvertising materials. ALHI shall release new advertisement flyers and put upnew signages as soon as the logo design for the new name is finalized whichshall not be later than three (3) months from the signing of this agreement andthe termination of the Subject Litigation.

5. Not later than six (6) months from the signing of this Agreement and thetermination of the Subject Litigation, all documents, signages, communicationand advertising materials shall bear the new logo and new name of the projectSOLEMARE PARKSUITES.

6. Immediately after the signing of this Agreement, the parties shall file ajoint motion to approve the Compromise Agreement in the case referred to inparagraph 1 (a) above with the IPO and LANDCO shall file an Affidavit ofDesistance with the City Prosecution Office relating to the criminal case filedreferred to in paragraph 1 (b) above. A copy of such filed Affidavit ofDesistance shall be furnished by LANDCO to ALHI not later than one (1) monthfrom the signing of this Agreement.

7. ALHI shall file three (3) Compliance Reports with the Intellectual PropertyOffice. The Compliance Reports shall show that ALHI has already fulfilled itsobligations under this Agreement. The first Compliance Report shall be filedafter the issuance of the Press Release as stated above. The SecondCompliance Report shall be filed after the three (3) month period as stated inParagraph 4 above. The Third Compliance Report shall be filed after the six (6)month period as stated in Paragraph 5 above.

8. In the event of non-compliance by ALHI of its fulfillments as statedabove, LANDCO shall be entitled to a Writ of Execution from the IntellectualProperty Office enforcing an Injunction on the use of the name Tribeca in ALHI'sdevelopments.

9. Upon compliance by the parties of its' respective obligations in thisAgreement, each of the parties (on behalf of their respective affiliates, parents,subsidiaries, shareholders, officers, directors, employees, agents, attorneys,predecessors, successors and assigns) hereby irrevocably waives, releases,remises and forever discharges the other (their respective affiliates, parents,subsidiaries, shareholders, officers, directors, employees, agents, attorneys,predecessors, successors and assigns) from any and all claims, causes of action,damages and demand of whatever nature arising from the assertion of theownership and other rights pertaining to the disputed name "TRIBECA". Thisinstrument may be pleaded as an absolute and final bar to sult/s or legalproceedings, that may hereafter be prosecuted by the parties, their heir~

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successors, and assigns, or anyone claiming by, through, or under them,against any and all persons or things released herein for any matter or thingreferred herein.

10. This Agreement constitutes the settlement of disputed claims. It doesnot constitute an admission of liability by either of the parties and shall not beused by any party or any other person or entity in any litigation or proceedingfor the purpose. The parties further agree that the disputes and all allegationsthat resulted in the litigation referenced in paragraph 1 and are subject to thisAgreement shall not be considered in any context.

11. The parties shall bear their own cost and attorney's fees in connectionwith the Subject Litigation and in connection with the negotiation of thisAgreement.

12. The parties hereby represent and warrant that they have the requisitepower, authority and capacity to enter, execute and conclude this Agreementand that they have no legal or contractual impending that would in any wayimpair the validity or enforcement hereof. Further, this Agreement and all otherdocuments related to or supplemental hereto have been authorized by allnecessary acts and when executed and delivered as contemplated by thisAgreement, will be valid and binding in accordance with their respective terms.

13. This Agreement constitutes the full agreement between the parties withrespect to the subject matter hereof, superseding any prior agreement orarrangement with respect thereto, and no modification, amendments,orsupplements to this Agreement shall be effective for any purpose unless inwriting and signed by each of the parties hereto. The parties have read and fullyunderstood this Agreement and are in full agreement with the terms hereof.

WHEREFORE, finding the parties' Compromise Agreement to have been dulyexecuted and signed by the parties and the terms and conditions thereof to be inconsonance with law, morals, good customs, public policy or public order, the same ishereby APPROVED. Consequently, the parties are hereby enjoined to faithfully complywith the terms and conditions of the Compromise Agreement, failure of which entitlesthe aggrieved party to move for the issuance of a Writ of Execution to enforce theprovisions of the approved Compromise Agreement without prejudice to other legalremedies such as but not limited to subjecting the breaching party to indirect contemptproceedings after proper charge and hearing.

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SO ORDERED.

Makati City, 21 May 2008.

LLITA BELTRAN-ABELARDOor, Bureau of Legal Affa;rsl1

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