ASIA BREWERY, INC. vs. THE HON.

COURT OF APPEALS and SAN MIGUEL

CORPORATION
G.R. 103543 July 5, 1993

Facts:

San Miguel Corporation (SMC) filed a complaint against Asia Brewery Inc. (ABI) for
infringement of trademark and unfair competition on account of the latter's BEER PALE
PILSEN or BEER NA BEER product which has been competing with SMC's SAN
MIGUEL PALE PILSEN for a share of the local beer market.

The trial court dismissed SMC's complaint because ABI "has not committed trademark
infringement or unfair competition against" SMC

On appeal by SMC, the Court of Appeals reversed the decision rendered by the trial
court, finding the defendant Asia Brewery Incorporated GUILTY of infringement of
trademark and unfair competition. ABI then filed a petition for certiorari.

Issue:

Are the words PALE PILSEN as part of ABIs trademark constitute infringement of
SMCs trademark?

Ruling:

No. The Supreme Court said it does not constitute an infringement as the words PALE
PILSEN, which are part of ABIs trademark, are generic words descriptive of the color
(pale), of a type of beer (pilsen), which is a light bohemian beer with a strong hops
flavor that originated in the City of Pilsen, Czechislovakia and became famous in the
Middle Ages.

The Supreme Court further said that the words "pale pilsen" may not be appropriated by
SMC for its exclusive use even if they are part of its registered trademark. No one may
appropriate generic or descriptive words. They belong to the public domain.

Petitioner ABI has neither infringed SMC's trademark nor committed unfair competition
with the latter's SAN MIGUEL PALE PILSEN product.