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Paula Recaro Vs. Nestor Embisan 112 Phil. 497

PAULA RECARO, doing business under the name and style, "BIG FIVE PRODUCTS", and THING ONG, plaintiffs-appellees, vs. NESTOR EMBISAN, doing business under name and style "NEL'S COFF PRODUCTS", defendant-appellant.

G.R. No. L-17049 | 1961-05-31

D E C I S I O N 


CONCEPCION, J.: 

Appeal from a summary judgment of the Court of First Instance of Rizal. 

In her complaint, filed on April 4, 1958, Paula Recaro, hereafter referred to as plaintiff, alleged that she is doing business under the registered name and style of "BIG FIVE PRODUCT"; that she is the assignee and owner of the trade-mark "BIG FIVE 5" which is duly registered with the Philippine Patent Office as per Registry No. 3281 dated April 29, 1952; that, since May 22, 1952, she had been using and affixing said trade-mark on the printed labels (a facsimile of which is appended to the complaint) of her products,...