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4 Lyceum of the Philippines vs CA

G.R. No. 101897


March 5, 1993

Topic: Articles of Incorporation (Name)

Facts:
 Lyceum of the Philippines instituted proceedings before the SEC to compel private respondents
to which are also educational institutions to delete the word “Lyceum” from their corporate
names and permanently to enjoin them from using such name.
e.g. Western Pangasinan Lyceum
Lyceum of Cabagan
Lyceum of Lallo
 Some respondents were declared in default for failure to file an answer; the complaints for
some were withdrawn for failure to file service of summons while complaints for some were
dismissed when the name of the school was changed motu proprio.
 The basis of the complaint was a previous decision of the SEC in a case were Lyceum of the
Philippines commenced a proceeding against Lyceum of Baguio in which it was held that the
corporate name of Lyceum Baguio were substantially identical because of the presence of a
dominant word “Lyceum”.
 Because of the said decision, Lyceum of the Philippines wrote all the educational institutions it
could find using the word “Lyceum” as part of their corporate name, and advised them to
discontinue such use; however the recourse failed, hence the complaint.
 SEC: rendered a decision in favor of the petitioner; has an exclusive right to use the world
“Lyceum”
 SEC En Banc: Reversed and set aside. Attaching the geographical names of the word “Lyceum
“served sufficiently to distinguish the schools from one another, the campuses of petitioner and
respondents were physically quite remote from each other.
 CA: Affirmed SEC EN Banc

Issue: Can Lyceum of the Philippines use the word “Lyceum” exclusively?

Ruling:
 The word “Lyceum” is in fact a generic word for “university”. A number of educational
institutions have adopted “Lyceum” as part of their corporate names since it denotes a school or
institution of learning.
 No evidence presented in the hearing which sufficiently proves that Lyceum of the Philippines
has indeed acquired a good will of considerable value such that it articles and produce have
acquired a well-known reputation, and confusion will result of the disputed name (doctrine of
secondary meaning). Also, the Roman Catholic Church has been using the same similar word
long before Lyceum of the Philippines started to use the word “Lyceum”.
 One of the respondents (Western Pangasinan Lyceum) used the word “Lyceum” for 17 years
before the petitioner registered its own corporate name with the SEC. Even if the schools were
using the word “Lyceum” without being registered with the SEC, the word “Lyceum” was not
exclusive but was in truth shared with others.
 To determine whether a given corporate name is identical or confusingly or deceptively
similar with another’s corporate name, one must evaluate corporate names in their entirety.

Held:

DENIED