Kho vs.

Court of Appeals
Facts:

The case arose when the Summerville General Merchandising and Company
(Summerville) was advertising and selling Chin Chun Su products in similar
containers as that Elidad Kho 1 (Kho), which misleads the public and causes the
latters decrease of income and also for infringing her copyright.

The Summerville contends that they are the exclusive and authorized importer, re-
packer and distributor of such products and they were allowed to register its trade
name before the Philippine Patent Office and that patent right acquired by the Kho
was terminated. Hence, the Khos Petition for Injunction.

Issue:

Whether Kho has the sole right of using the package of Chin Chun Su products?

Held:

The Supreme Court finds for the Summerville based on the following grounds:

The Petitioner was not able to support her claims for the exclusive use of the
subject trade name and its container, which requires to be entitled to the
same, the user must sufficiently prove that she registered or used it before
anybody else did; and,

The Petitioners copyright and patent registration of the name and container
would not guarantee her right to exclusive use of the same for the reason
that they are not appropriate subjects of the said intellectual property rights.

A trademark is any visible sign capable of distinguishing the goods (trademark) or

services (service mark) of an enterprise and shall include stamped or marked
container goods. In relation thereto.

A trade name means the name or designation identifying or distinguishing an

enterprise.

A copyright is confined to literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of their
creation.

1 Owner of KEC Cosmetics Laboratory and also the holder of copyright over Chin
Chun Su ant its Container and Case. She also bought the patents rights over the
Chin Chun Su & Device and Chin Chun medicated cream from one Quintin Cheng.
Patentable inventions, on the other hand, refer to any technical solution of a
problem in any field of human activity which is new, involves an inventive step and
is industrial applicable.