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Trademark Law

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COMMERCIAL LAW; TRADEMARK; TRADENAME; UNFAIR COMPETITION. - No inflexible rule can be laid down as to what will constitute unfair competition. Each case is, in the measure, a law unto itself. Unfair competition is always a question of fact. The question to be determined in every case is whether or not, as a matter of fact, the name or mark used by the defendant has previously come to indicate and designate plaintiff's goods, or, to state it in another way, whether defendant, as a matter of fact, is, by his conduct, passing off defendant's goods as plaintiff's goods or his business as plaintiff's business. The universal test question is whether the public is likely to be deceived. It is often said that a fraudulent intent on the part of defendant to pass off his goods or business as or for that of plaintiff is necessary to constitute unfair competition. We think the better view is, however, that an actual fraudulent intent need not be shown where the necessary and probable tendency of defendant's conduct is to deceive the public and pass off his goods or business as and for that of another, especially where the only preventive relief against continuance of the wrong is sought or granted. Even if the resemblance is accidental and not intentional, plaintiff is entitled to protection against its injurious results to his trade. (Alhambra Cigar vs. Mojica, 27 Phil. 266 [1914])