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Song Fo & Co. Vs. Tiu Ca Song

SONG FO & CO., plaintiffs-appellants, vs. TIU CA SIONG, defendant-appellee.

G.R. No. 5007 | 1909-03-11

D E C I S I O N


WILLARD, J.:

This is an action for an injunction and damages brought under the provisions of Act No. 666 relating to trade-marks, and apparently it is based on section 7 of that Act, concerning unfair competition. The plaintiffs' marks were registered on the 25th of August, 1903, and consequently under the provisions of section 15 of the Act they, prima facie, have the exclusive right to use them. The defendant claims that his two marks are not imitations of the plaintiff's marks. Exhibits A and B, the two marks of the plaintiffs, are as follows: [See pages 144, 145.]

NOTE. ---- In the original designs, plaintiffs'...