MANILA, Philippines--The Intellectual Property Office (IP Philippines) dismissed the appeal filed by Green Cab Pizza Haus in a trademark infringement and unfair competition case filed by Yellow Cab Food Corp., a pizza restaurant chain specializing in New York-style pizzas.
In his decision, director general Adrian Cristobal found that Green Cab Pizza Haus is an imitation of ?Yellow Cab Pizza Co? supporting the findings of Director Estrellita Beltran-Abellardo of the Bureau of Legal Affairs.
Cristobal said Green Cab Pizza Haus? use of a mark similar to that of Yellow Cab Pizza Co. would deceive the public that there is an affiliation between the two pizza chains.
The Notice of Decision issued by IP Philippines dated 15 September 2008, also stated that the appellant?s use of a similar mark rode on the goodwill and public faith that Yellow Cab Pizza Co. has already established with consumers and the general public.
Yellow Cab cited instances when it received telephone inquiries where the callers mistook Green Cab Pizza Haus to be associated with Yellow Cab Pizza Co.
?The function of the trademark is to point out distinctly the origin or ownership of the goods to which it is affixed?to assure the public that they are procuring the genuine article,? the decision concludes.
Green Cab was ordered to pay P300,000 in damages and P100,000 in attorney?s fees. Yellow Cab was represented by Bengzon Negre Untalan Intellectual Property Attorneys.