FOODSPHERE, INC., the manufacturing company behind the brand CDO, warned other companies against using its “Holiday” trademark, citing that it is a form of infringement and unfair competition.
“Usage of the said trademark amounts to infringement of the company’s intellectual property rights, as well as unfair competition, as defined under Sections 147 and 168, respectively of Republic Act No. 8293 or the Intellectual Property (IP) Code of the Philippines,” Foodsphere said in a statement on Monday.
Foodsphere said that it is the registered owner of the trademark which the company has been using in its food products, particularly on Christmas hams, since the 1970s.
The company demanded “all food manufacturers, distributors, retailers, restaurants and other establishments to immediately cease and desist from using ‘Holiday Ham.’”
“We’ve built trust around the ‘Holiday’ brand for decades, and we are committed to safeguarding it not just for our company, but for the consumers who have trusted us throughout the years,” said Patricia M. Magbanua, corporate affairs and communications head of Foodsphere.
Foodsphere cited that under Section 147 of R.A. 8293, the owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner’s consent from using it in the course of trade as a likelihood of confusion shall be presumed.
Furthermore, under Section 168, any person may be deemed guilty of unfair competition if they are selling their goods which have a feature that would likely influence purchasers to believe that the goods offered are those of the trademark owner.
Foodsphere, Inc. warned that it “would be compelled to take appropriate civil, criminal, and administrative actions in court against violators of its Intellectual Property (IP) rights and hold them liable for damages and attorney’s fees.” — Justine Irish D. Tabile
