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Victorio P. Diaz Vs. People of the Philippines and Levi Strauss [Phils.] Inc.

Victorio P. Diaz, Petitioner Vs. People of the Philippines and Levi Strauss [Phils.] Inc., Respondents

G.R. No. 180677 | 2013-02-18



FIRST DIVISION

DECISION

BERSAMIN, J.: 

It is the tendency of the allegedly infringing mark to be confused with the registered trademark that is the gravamen of the offense of infringement of a registered trademark. The acquittal of the accused should follow if the allegedly infringing mark is not likely to cause confusion. Thereby, the evidence of the State does not satisfy the quantum of proof beyond reasonable doubt. 

Accused Victorio P. Diaz (Diaz) appeals the resolutions promulgated on July 17, 20071 and November 22, 2007,2 whereby the Court of Appeals (CA), respectively, dismissed his appeal in C.A.-G.R. CR No. 30133 for the...